Trial Required on Tenant's Lead Poisoning Claim

December 1, 1996

LVT Number: 11065

Tenant sued landlord, claiming her child was injured by exposure to lead paint in their apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Landlord didn't prove that a blood level of 22 mcg/dl didn't constitute lead poisoning. Landlord also didn't prove conclusively that it had no notice that a child under the age of 7 lived in the apartment. A trial was needed to determine the facts.

Tenant sued landlord, claiming her child was injured by exposure to lead paint in their apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Landlord didn't prove that a blood level of 22 mcg/dl didn't constitute lead poisoning. Landlord also didn't prove conclusively that it had no notice that a child under the age of 7 lived in the apartment. A trial was needed to determine the facts.

Colon v. NYC Housing Authority: NYLJ, p. 27, col. 3 (11/12/96) (App. Div. 1 Dept.; Wallach, JP, Rubin, Nardelli, Williams, Andrias, JJ)

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