BATTS v. INTREBOR, INC.


297 A.D.2d 692 (2002)

747 N.Y.S.2d 537

DONTA BATTS, an Infant, by His Mother and Natural Guardian, LASHAWN BATTS, et al., Appellants, v. INTREBOR, INC., et al., Defendants, and LORENZO DISTANT, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided September 23, 2002.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the respondent.

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...

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