Legal Opinion
Chapman v. Silber
New York Court of Appeals
Decided November 15, 2001PublishedCited by 177 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
What evidence of notice must a plaintiff-tenant in a lead paint poisoning case proffer in order to survive defendant-landlord’s motion for summary judgment? We conclude that, absent controlling legislation, a triable issue of fact is raised when a plaintiff shows that the landlord (1) retained a right of entry to the premises and assumed a duty to make repairs, (2) knew that the apartment was constructed at a time before lead-based interior paint was banned, (3) was aware that paint was peeling on the premises, (4) knew of the hazards of lead-based paint to…
2Cases cited10 opinions
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001
- Juarez v. Wavecrest Management Team Ltd.New York Court of Appeals · 1996
- Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
- Putnam v. StoutNew York Court of Appeals · 1976
5 more not listed; retrieve them via the Exa API.
3Cited by177 opinions
- Alnashmi v. Certified Analytical Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Gronski v. County of MonroeNew York Court of Appeals · 2011
- Rivera v. Nelson Realty, LLCNew York Court of Appeals · 2006
- Yaniveth R. Ex Rel. Ramona S. v. LTD Realty Co.New York Court of Appeals · 2016
- Cunningham v. AndersonAppellate Division of the Supreme Court of the State of New York · 2011
172 more not listed; retrieve them via the Exa API.