Peggy Juarez, an Infant, by Her Mother and Natural Guardian, Noemi Juarez, Respondents v. Wavecrest…

Summary

The New York Court of Appeals held that Local Law 1 does not impose a continuous duty on landlords to inspect for the presence of children under seven, and that liability attaches only when a landlord has actual or constructive notice of a child’s residency and the hazardous lead condition. The court found the landlord had constructive notice of the lead hazard but left open the factual question of whether the landlord had notice of the child’s residency, reversing the Appellate Division and remanding for determination on that issue.