Lydia Davies sued her co-op--1075 Concourse Tenants Corp.--claiming her son suffered harm from exposure to lead-based paint.
Even though a jury found the co-op liable, the Bronx County Supreme Court granted the building's request to vacate the verdict.
Because the duty to abate lead paint is placed upon the "owner of a multiple dwelling"--which meant the co-op itself--the Appellate Division, First Department, reversed.
The AD1 also didn't buy the argument that the Lydia's proprietary lease somehow shifted any responsibility to her.
They painted a pretty bleak picture there.
To view a copy of the Appellate Division's decision, please use this link: Essilfie-Obeng v. Ahyia