Lead Paint

Gordon & Silber has spent more than a decade aggressively defending lead paint cases.

  • G&S recently obtained summary judgment for a managing agent on the grounds it did not exclusively manage the building, a decision that was affirmed by the Appellate Division.
  • G&S recently convinced a Bronx judge that Department of Health testing results were unreliable since the calibration results of the equipment indicated the machine was not recording data accurately.
  • G&S aggressively disputes the causative link between the exposure and claimed injuries (e.g. finding alternative exposures or explanations such as early child hypoxia or in utero lead exposure from the mother).
LEAD PAINT – DUTY OF MANAGING AGENT
APPELLATE DIVISION, FIRST DEPARTMENT 787 N.Y.S.2D 259

The grant of summary judgment against our client in this case was a topic of discussion in the defense community even before it went up on appeal. The result, was a new touchstone in lead litigation. The Court affirmed the dismissal of the complaint against a managing agent because it had not exclusively managed the building, and thus could not be held liable for failure to abate a nuisance pursuant to statutory law (Local Law 1).