Lead paint and causation.

In a matter alleging damages caused by lead paint, the First Department denied plaintiffs motion for summary judgment on liability, in Lagoa v. Joremi Enterprises, which was decided on December 13, 2007. The court noted that, to establish cause, plaintiffs must directly link the injured child's condition to lead in the apartment. Here, plaintiffs' expert opined that lead poisoning was the substantive cause of the child's condition. While defendant's expert did not dispute the exposure to lead, he opined that the amount of exposure in the apartment and the levels of lead in the child's blood were not enough to cause the medical condition. The court concluded that this sufficiently raised a triable issue of fact on liability.