In Byrd v. 2015 Caton Ave., LLC , Dior Byrd sued 2015 Caton Ave, LLC, for lead-based paint exposure.
Byrd was under two years of age when he lived in 2015's apartment building and sustained lead-related injuries.
After he filed suit in Kings County Supreme Court, 2015's request to dismiss the case was denied because there was a question as to whether the owner had actual or constructive notice that the condition existed.
On appeal, the Appellate Division, Second Department, reversed because 2015 showed it didn't know Byrd resided in the unit and Byrd was unable to prove the owner was aware of his occupancy.
Bet he flipped when he got that.
To download a copy of the Appellate Division's decision, please use this link: Byrd v. 2015 Caton Ave., LLC