Was Lead Paint in Apartment the Cause of Child's Injuries?
LVT Number: #30886
Tenant sued landlord, claiming that her child suffered lead paint poisoning due to lead paint in her apartment. Tenant asked the court to decide the case in her favor without a trial. The court ruled against tenant, finding that there were questions of fact as to whether landlord took reasonable measures to address the hazardous lead-based paint condition in tenant's apartment. The court did otherwise find that landlord was on notice of the claimed lead-based paint condition.
S.T. v. 1727-29 LLC: Index Nos. 350020/08, 11041, 2020 NY Slip Op 03630 (App. Div. 1 Dept.; 6/25/20; Acosta, PJ, Kapnick, Moulton, Gonalez, JJ)