BATTS v. Lorenzo Distant, Respondent.

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Supreme Court, Appellate Division, Second Department, New York.

Donta BATTS, etc., et al., Appellants, v. INTREBOR, INC., et al., Defendants, Lorenzo Distant, Respondent.

Decided: September 23, 2002

SONDRA MILLER, J.P., ROBERT W. SCHMIDT, THOMAS A. ADAMS and SANDRA L. TOWNES, JJ. Shandell, Blitz, Blitz, Bookson & Kern, New York, N.Y. (Richard E. Shandell of counsel), for appellants. Helfer, Helfer & Kardisch, LLP, Bellmore, N.Y. (Josh H. Kardisch of counsel), for respondent.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (I.Aronin, J.), dated December 14, 2000, which granted the motion of the defendant Lorenzo Distant for summary judgment dismissing the complaint insofar as asserted against him.

ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the respondent.

 The infant plaintiff, Donta Batts, allegedly suffered lead poisoning as a result of exposure to lead paint in his apartment in a building owned by the defendant Lorenzo Distant.   To establish that a landlord is liable for a lead paint condition, a plaintiff must demonstrate that the landlord had actual or constructive notice of, and a reasonable opportunity to remedy, the hazardous condition (see Chapman v. Silber, 97 N.Y.2d 9, 734 N.Y.S.2d 541, 760 N.E.2d 329).   Here, the plaintiffs raised a triable issue of fact as to whether Distant had constructive notice as a result of his actual notice of many conditions in the apartment indicating a lead paint hazard to young children (see Chapman v. Silber, supra).   Distant's motion for summary judgment therefore should have been denied (see Brown v. Paul, 290 A.D.2d 469, 736 N.Y.S.2d 415).

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