Criteria for Lead-Paint-Exposure Cause of Action Described

In finding plaintiff had raised a question of fact whether one of the defendant landlords was aware of peeling lead paint in the apartment (because of alleged complaints about it), the Fourth Depatment explained the elements of a lead-paint-exposure cause of action:

” 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,’ ” and failed to do so … . Thus, to meet their burden on their motions for summary judgment with respect to the premises liability causes of action, defendants were required to establish that they “had no actual or constructive notice of the hazardous lead paint condition prior to an inspection conducted by the [Oswego] County Department of Health” (…see generally Chapman v Silber, 97 NY2d 9, 15). … “[T]he factors set forth in Chapman . . . remain the bases for determining whether a landlord knew or should have known of the existence of a hazardous lead paint condition and thus may be held liable in a lead paint case”… . Kimball v Normandeau, 2015 NY Slip Op 07357, 4th Dept 10-8-15