Batts v. Intrebor, Inc.
Cases that cite this one
5 later published cases cite this decision.
- Rodriguez v. Trakansook (Appellate Division of the Supreme Court of New York 2009)
- Jackson v. Brown (Appellate Division of the Supreme Court of New York 2006)
- Vidal v. Rodriquez (Appellate Division of the Supreme Court of New York 2003)
- McCabe v. Hans (Appellate Division of the Supreme Court of New York 2002)
- Aldrich v. County of Oneida (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The infant plaintiff, Donta Batts, allegedly suffered lead poisoning as a result of exposure to lead paint in his apartment in a building owned by the defendant Lorenzo Distant. 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). Here, the plaintiffs raised a triable issue of fact as to whether Distant had constructive notice as a result of his actual notice of many conditions in the apartment indicating a lead paint hazard to young children (see Chapman v Silber, supra). Distant’s motion for summary judgment therefore should have been denied (see Brown v Paul, 290 AD2d 469). S. Miller, J.P., Schmidt, Adams and Townes, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.