Trial Required on Lead Poisoning Claim

LVT Number: 18997

Tenant sued landlord for damages. She claimed that her child got lead poisoning from lead paint in their apartment. Landlord asked the court to dismiss the case without a trial. Landlord claimed there was no proof of any lead paint condition in tenant's apartment. Landlord also argued that it had no notice that a child under age 7 lived in the apartment. The court ruled against landlord. An X-ray fluorescence (XRF) test indicated that there was at least one area of the apartment with lead paint. So there was an issue as to whether landlord was liable.

Tenant sued landlord for damages. She claimed that her child got lead poisoning from lead paint in their apartment. Landlord asked the court to dismiss the case without a trial. Landlord claimed there was no proof of any lead paint condition in tenant's apartment. Landlord also argued that it had no notice that a child under age 7 lived in the apartment. The court ruled against landlord. An X-ray fluorescence (XRF) test indicated that there was at least one area of the apartment with lead paint. So there was an issue as to whether landlord was liable. There was also a question as to whether landlord knew that tenant had a young child. Landlord had sent tenant a letter indicating it knew there was a child in the apartment. A trial was required to determine the facts.

Morales v. 711 Topsey Corp.: NYLJ, 7/18/06, p. 22, col. 3 (Sup. Ct. Bronx; Hunter, J)