Practice point: Constructive notice of a hazardous lead-based paint condition may be established by proof 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.
Student note: Under New York common law, a landowner has a duty to maintain the premises in a reasonably safe condition. For a
landlord to be held liable for injuries resulting from a defective
condition upon the premises, the plaintiff must establish that the
landlord had actual or constructive notice of the condition for such a
period of time that, in the exercise of reasonable care, it should have
been corrected.
Case: Greene v. Mullen, NY Slip Op 02729 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: Enforcing a stipulation.
