Court of Appeals of New York

Absent controlling legislation, a plaintiff-tenant in a lead-paint poisoning case creates a triable issue of fact to survive a summary judgment motion by showing that the landlord 1) retained a right of entry to the premises and assumed a duty to make repairs, 2) knew that the apartment was constructed at a time before lead-based interior paint was banned, 3) was aware that paint was peeling on the premises, 4) knew of the hazards of lead-based paint to young children and 5) knew that a young child lived in the apartment.

Appellate Information

• Decided 11/15/2001
• Published 11/15/2001

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Court

• Court of Appeals of New York

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