Summary Judgment Properly Granted to Property Owner in Lead-Paint-Injury Case
The Fourth Department determined the property owner was entitled to summary judgment in a lead-paint-injury case. There was no showing defendant had notice of the presence of lead paint hazard or that defendant was negligent in abating the lead paint hazard:
“In order for a landlord to be held liable for a lead paint condition, it must be established that the landlord had actual or constructive notice of the hazardous condition and a reasonable opportunity to remedy it, but failed to do so” … . We conclude that plaintiffs failed to meet their initial burden of establishing that defendants had actual or constructive notice … . Faison v Luong, 2014 NY Slip Op 07794, 4th Dept 11-14-14