3 No. 128
James C. Chapman et al.,
Appellants,
v.
Dennis Silber, et al.,
Respondents.
_________________________________________________________________
_________________________________________________________________
3 No. 129
Carlisa Stover, Individually &c.,
Appellant,
v.
Yolando Robilotto, as Executor &c.,
Respondent.
_________________________________________________________________
Case No. 128:
_________________________________________________________________
2001 NY Int. 116
November 15, 2001
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Peter Danziger, for appellants.
Derek L. Hayden, for respondent Dennis Silber.
John T. Casey, Jr., for other respondents.
New York City Coalition to End Lead Poisoning, et al.; New York State
Builders Association, et al., amici curiæ.
Case No. 129: Peter Danziger, for appellant.
Peter J. Camp, for respondent.
Legal Services of Central New York, Inc., et al.; New York City
Coalition to End Lead Poisoning, et al.; New York State Builders
Association, et al.; New York State Trial Lawyers Association, amici
curiæ.
_________________________________________________________________
CIPARICK, J.:
What evidence of notice must a plaintiff-tenant in a lead paint
poisoning case proffer in order to survive defendant- landlord's
motion for summary judgment? We conclude that, absent controlling
legislation, a triable issue of fact is raised when a plaintiff shows
SNIPPETS:
This opinion is uncorrected and subject to revision before publication in the New York
Peter Danziger, for appellants.
Derek L. Hayden, for respondent Dennis Silber.
Case No. 129: Peter Danziger,
Legal Services of Central New York, Inc., et al.; New York City Coalition to End Lead
We conclude that, absent controlling legislation, a triable issue of fact is raised when a
Because plaintiffs in Chapman have raised an issue of fact as to defendants' notice of a high
Conversely, since plaintiff in Stover failed to raise such an issue, no question of fact
In August 1994, plaintiffs James and Sallie Chapman rented the second floor apartment at 443
Mrs. Chapman first complained about peeling paint in April or May 1995, when she told
On February 1, 1993, Carlisa Stover, then eight months pregnant, and her five-year-old son
In time, this Court relaxed the doctrine, imposing a duty to remedy dangerous conditions on a
the City of New York has enacted legislation that requires landlords to remove lead paint
James O'Connor died on May 5, 1998 and has been substituted on this appeal by the executor of
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