Summary Dismissal of Local Law 1 Lead Paint Action on Behalf of Brooklyn Apartment OwnerSeptember 20, 2016 |
David Richman and Jeannine Farino obtained summary dismissal of an action brought in Kings County on behalf of an infant plaintiff who allegedly suffered developmental delays as a result of ingesting lead paint. Plaintiffs’ alleged that the defendants violated “Local Law 1” which mandates that an owner must remove or cover paint containing a specified hazardous level of lead where a child six years of age or younger resides at the apartment. The Firm’s client was the owner and manager of an apartment in Brooklyn which was leased to the infant plaintiff’s grandmother. The infant plaintiff’s mother testified that her child would sleep at the grandmother’s apartment periodically on weekends, as well as while their family transitioned to another residence. Utilizing witness statements, the infant plaintiff’s mother’s W-2’s, IEP reports for infant-plaintiff and medical records we successfully argued that the infant plaintiff never “resided” in the subject apartment.