Appellate Division of the Supreme Court of New York, 2002

Batts v. Intrebor, Inc.

Batts v. Intrebor, Inc.
Appellate Division of the Supreme Court of New York · Decided September 23, 2002
297 A.D.2d 692; 747 N.Y.2d 537; 747 N.Y.S.2d 537; 2002 N.Y. App. Div. LEXIS 8691
Batts v. Intrebor, Inc.

Cases that cite this one

5 later published cases cite this decision.

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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.

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