Trial Required on Whether Landlord Had Notice of Lead Paint Condition

Tenant sued landlord for negligence, claiming that her child was injured by a lead paint condition in the apartment. The court ruled against tenant and dismissed the case without a trial, finding that landlord didn't have actual or constructive knowledge of the lead paint condition. Tenant appealed. The appeals court ruled for tenant and reopened the case. A trial was needed to determine the facts. Tenant never complained to landlord, and a later engineering report for new landlord showed no signs of lead paint. But a health department report issued for another apartment during the period in question showed hazardous levels of lead paint. Landlord's knowledge of a lead paint condition in another portion of the building may have imposed an obligation to examine tenant's apartment.

Rodriguez v. Amigo: NYLJ, p. 33, col. 4 (11/10/97) (App. Div. 2 Dept.; Bracken, JP, Joy, Altman, Goldstein, JJ)