Donta Batts, an Infant, by His Mother and Natural Guardian, Lashawn Batts, et al., Appellants, v. Intrebor, Inc., et al., Defendants, and Lorenzo Distant, Respondent

Donta Batts, an Infant, by His Mother and Natural Guardian, Lashawn Batts, et al., Appellants, v Intrebor, Inc., et al., Defendants, and Lorenzo Distant, Respondent. [747 NYS2d 537] [MAJORITY] The infant plaintiff, Donta Batts, allegedly suffered lead poisoning as a result of exposure to lead paint in his apartment in a building owned by the defendant Lorenzo Distant. To establish that a landlord is liable for a lead paint condition, a plaintiff must demonstrate that the landlord had actual or constructive notice of, and a reasonable opportunity to remedy, the hazardous condition (see Chapman v Silber, 97 NY2d 9). Here, the plaintiffs raised a triable issue of fact as to whether Distant had constructive notice as a result of his actual notice of many conditions in the apartment indicating a lead paint hazard to young children (see Chapman v Silber, supra). Distant’s motion for summary judgment therefore should have been denied (see Brown v Paul, 290 AD2d 469). S. Miller, J.P., Schmidt, Adams and Townes, JJ., concur.