Brown v. Paul

Appellate Division of the Supreme Court of New York

Brown v. Paul

290 A.D.2d 469, 736 N.Y.S.2d 415, 2002 N.Y. App. Div. LEXIS 583

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 22, 2002

StatusPublished

Cited by5 cases

This text of 290 A.D.2d 469 (Brown v. Paul) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Paul, 290 A.D.2d 469, 736 N.Y.S.2d 415, 2002 N.Y. App. Div. LEXIS 583 (N.Y. Ct. App. 2002).

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Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Price, J.), dated August 9, 2000, which granted the motion of the defendant Anthony Paul 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 allegedly suffered lead poisoning as a result of exposure to lead paint in her apartment in a building owned by the respondent. 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 NY2d 9; Juarez v Wavecrest Mgt. Team, 88 NY2d 628; Bellony v Siegel, 288 AD2d 411). The respondent correctly contends that he cannot be charged with constructive notice of the alleged lead-paint condition pursuant to the Administrative Code of the City of New York, since the building is not a multiple dwelling (see, Juarez v Wavecrest Mgt. Team, supra). However, even in the absence of any applicable legislation, the plaintiffs raised a triable issue of fact as to whether the respondent had constructive notice under the circumstances of this case (see, Chapman v Silber, supra). Therefore, the respondent’s motion for summary judgment dismissing the complaint insofar as asserted against him should have been denied. Altman, J.P., Feuerstein, O’Brien and H. Miller, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Price, J.), dated August 9, 2000, which granted the motion of the defendant Anthony Paul 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 allegedly suffered lead poisoning as a result of exposure to lead paint in her apartment in a building owned by the respondent. 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 NY2d 9; Juarez v Wavecrest Mgt. Team, 88 NY2d 628; Bellony v Siegel, 288 AD2d 411). The respondent correctly contends that he cannot be charged with constructive notice of the alleged lead-paint condition pursuant to the Administrative Code of the City of New York, since the building is not a multiple dwelling (see, Juarez v Wavecrest Mgt. Team, supra). However, even in the absence of any applicable legislation, the plaintiffs raised a triable issue of fact as to whether the respondent had constructive notice under the circumstances of this case (see, Chapman v Silber, supra). Therefore, the respondent’s motion for summary judgment dismissing the complaint insofar as asserted against him should have been denied. Altman, J.P., Feuerstein, O’Brien and H. Miller, JJ., concur.

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Bluebook (online)

290 A.D.2d 469, 736 N.Y.S.2d 415, 2002 N.Y. App. Div. LEXIS 583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-paul-nyappdiv-2002.

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