Ruby Foster sued her landlord and his management company on behalf of her 7-year old son for his lead paint related injuries.
Although the Bronx County Supreme Court dismissed the case brought against the now dead landlord, it found the remaining defendants liable for the child's damages.
On appeal, the Appellate Division, First Department, thought there were unresolved questions as to whether the owners knew a 7-year old child was staying in the Godmother's apartment, but agreed that they had been aware of the child's occupancy of his mother's unit -- particularly since there was a Department of Health order directing the abatement of the lead paint condition in that latter residence.
We can't paint that any differently.
To view a copy of the Appellate Division's decision, please use this link: Foster v. Alfred S. Friedman Mgt. Corp.