Recent Blog Posts
Two Upstate New York Lead Poisoning Cases Survive Early Dismissal
In two recent lead paint cases before New York’s Appellate Division, Fourth Department (Buffalo), the court held that the landlords were not entitled to a dismissal of their former tenant’s claims on motions for summary judgment because there were questions of fact based upon the factors set forth by New York’s highest court, the… Read More »
Defense Attorneys Request Stay in Asbestos Cases Based on Unfair Forum
The New York City Asbestos Litigation (“NYCAL”) part in New York State Supreme Court has a troubled history. Deemed the “Number One Judicial Hellhole” by the American Tort Reform Association’s annual report issued in December 2014, the system appears to a number of court-watchers to be highly slanted in favor of plaintiffs. Causation theories… Read More »
New Jersey Court Says Liability Insurer not Liable for Underground Fuel Tank Leak where Damage was only to Insured’s Own Property
In a recent unpublished opinion issued by the New Jersey Appellate Division, the panel found an insurer not to be liable to pay for repairs where a liability policy explicitly did not cover damage to the policy holder’s own land. In Weiss v. New Jersey Manufacturers Insurance Co., Docket No. A-5219-13T3, the couple had… Read More »
Lead Paint Remediation in Day Care Facilities
In the previous post, we discussed the duties of landlords in apartment buildings to notify tenants, inspect dwellings and common areas, and remediate lead-based paint found in certain situations (see Duties of Landlords to Remediate Lead Paint under New York City Law). As noted last month, the New York City Childhood Lead Poisoning Law… Read More »
Duties of Landlords to Remediate Lead Paint under New York City Law
The New York City Childhood Lead Poisoning Law of 2003 requires the remediation of lead paint hazards in housing and day care facilities. This post covers the requirements placed on apartment building owners by the law. Which buildings are covered? All multiple dwellings built before 1960 (a building with three or more apartments counts… Read More »
