Trial Needed on Tenant's Lead Paint Injury Claim

October 31, 2007

LVT Number: #19971

Tenant sued landlord, the City of New York, claiming that her three children were injured by peeling lead paint in her apartment. Landlord claimed it was never notified that tenant had children in the apartment, and asked the court to dismiss the case without trial. The court ruled against landlord. There were questions of fact that required a trial. Tenant claimed that the building super knew she had children. Landlord didn't produce the building super for pretrial questioning. The building had only 20 apartments, and the super was familiar with tenant.

Tenant sued landlord, the City of New York, claiming that her three children were injured by peeling lead paint in her apartment. Landlord claimed it was never notified that tenant had children in the apartment, and asked the court to dismiss the case without trial. The court ruled against landlord. There were questions of fact that required a trial. Tenant claimed that the building super knew she had children. Landlord didn't produce the building super for pretrial questioning. The building had only 20 apartments, and the super was familiar with tenant. It couldn't be determined without a trial whether landlord had notice that tenant's children were living in the apartment.

Peri v. City of New York: NYLJ, 10/25/07, pg. 35, col. 3 (App. Div. 1 Dept.; Andrias, JP, Buckley, Catterson, Malone, Kavanagh, JJ)

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