New York law has always adjudged the notice issue and a property owner’s liability for a child’s exposure to lead differently depending upon the size and the location of the subject premises. In an ostensible effort to create uniformity and ease the plaintiff’s burden, the Court of Appeals issued a consolidated decision on Nov. 15, 2001, in two Third Department lead cases.
In Chapman v. Silver and Stover v. Robilotto,[1]� the Appellate Division had granted summary judgment to the defendants, concluding that “the fact that a landlord is aware of the presence of chipped or peeling paint in an old apartment does not raise an issue of fact as to his notice of lead in the paint.”[2]�
