New York Municipalities Not Liable In Lead Cases; Special Duty Not Shown

摘要

Maria Nancy Pelaez and her family sued Laura Seide and Putnam County, alleging lead poisoning while living in a premises controlled by Seide. The Felaez case was consolidated on appeal with a case brought by Ashley Harris against Phillip Llewellyn and Putnam County. The Court of Appeals said none of the criteria had been met such that the municipalities could be held liable for the lead poisonings. "Given our precedents and the thrust of the Lead Paint Prevention Act, we conclude that a private right of action is not available under the statute," the court said. "Therefore, plaintiffs may not assert a special relationship based on a claimed violation of a statutory duty."