Carolina Pelaez sued her landlord--Mortlen Realty Corp.--after her son was diagnosed with lead-paint poisoning.
When the New York County Supreme Court later found in the tenant's favor, Mortlen appealed.
Under New York City's "Lead Paint Hazard Reduction Law," an owner must "remove or cover" paint with high levels of lead when there's a kid 6 years or younger living in an apartment.
Because Mortlen had "actual and/or constructive notice" that at least one youngster was in this unit, the Appellate Division, First Department, affirmed the lower court's finding of liability.
Lead on!
To view a copy of the Appellate Division's decision, please use this link: Mendoza v. Mortlen Realty Corp.