Last reviewed: October 13, 2026 by Jacob Oresky, Esq.
A child under the age of seven recovered $600,000 after being poisoned by lead paint in the Brooklyn apartment where the family lived, with blood testing showing a lead level of 45. The claim was brought against the owners of the building, who allowed the painted surfaces in the apartment to deteriorate and painted over peeling lead paint rather than removing it. The $600,000 lead paint poisoning case was settled before trial in 2025 in Kings County Supreme Court.
Case Facts
| Outcome | $600,000 Settlement |
|---|---|
| Resolution | Pre-Trial Settlement |
| Mechanism | Childhood Lead Paint Exposure |
| Statute | Multiple Dwelling Law § 78; New York City Administrative Code § 27-2056.1 et seq. (Local Law 1) |
| Court | Kings County Supreme Court |
| Year | 2025 Settlement |
| Attorneys | Oresky & Associates, PLLC |
How the Child Was Poisoned by Lead Paint
The $600,000 lead paint poisoning case concerned a Brooklyn apartment in an older building, from the era when lead-based paint was still in common residential use. A child under the age of seven lived in that apartment, and the painted walls and woodwork there were in poor condition.
The paint was allowed to deteriorate, peel and flake. Lead-bearing chips and dust collected on the surfaces a small child touches and the floors a small child plays on, and the exposure was not a single event: it continued for more than three years, for as long as the family occupied the apartment.
During that period the child ingested lead paint chips and peeling paint, breathed in lead dust shed by the failing surfaces, and absorbed lead through contact with contaminated surfaces. The owners did not inspect the apartment for lead hazards and did not abate the paint. What they did instead was paint over the peeling lead paint, which hides a deteriorating surface for a time but leaves the lead in place beneath the new coat.
Blood testing eventually established the extent of the exposure. The child was found to have a lead level of 45 and was hospitalized for three nights.
Why the Property Owners Were Liable for the Lead Exposure
A Landlord’s Duty to Find and Remove Lead Paint
A residential landlord in New York is responsible for maintaining the apartments it rents in a reasonably safe condition, and that responsibility includes looking for hazards a reasonable inspection would reveal. Peeling paint in an apartment occupied by a young child is precisely such a hazard. The $600,000 lead paint poisoning case was built on the gap between that duty and what actually happened in this apartment: no inspection for lead, no abatement program, and fresh paint applied over a surface that was already failing.
Local Law 1 and the Obligation to Act Without Being Asked
New York City does not leave the question to the tenant. Under the Administrative Code provisions pleaded in this case, including New York City Administrative Code § 27-2056.1 et seq. and § 27-2013(h), known as Local Law 1, an owner of an older multiple dwelling must identify and remediate lead-based paint hazards in units where young children live, whether or not a complaint has been made. The claim alleged both actual and constructive notice: the owners knew the age of the building, knew a child under seven was living in the apartment, and had notice of the lead condition from tenants and from the governmental agencies charged with enforcing these requirements. The hazard remained in place through the entire period of the child’s exposure.
Habitability and Repair Obligations Under State Law
State law reinforces the same point. Multiple Dwelling Law § 78 requires an owner to keep a multiple dwelling and each of its apartments in good repair, and Real Property Law § 235-b makes every residential lease carry an implied warranty that the premises are habitable and free of conditions that endanger health. Deteriorating lead paint in a unit rented to a family with a small child breaches both. Together with the common-law negligence claim, these provisions framed the liability case that produced the $600,000 settlement.
The $600,000 Settlement — How the Recovery Was Reached
The action was brought in Kings County Supreme Court and developed through discovery, with the condition of the apartment, the owners’ notice of the lead hazard, and the child’s medical history assembled as the proof. Expert narrative reports were obtained to address what childhood lead exposure means over a lifetime, including its effect on educational progress and future earning capacity, and a claim for the reduction in the child’s lifetime earning potential was pleaded.
The case was then submitted to mediation. Oresky & Associates, PLLC, negotiated a $600,000 settlement that resolved the matter without a trial, with the recovery secured for the child’s benefit. The child’s mother brought a related claim of her own for the loss of her daughter’s services and companionship, and it was resolved in the same settlement.
Injuries Sustained by the Child
The child sustained lead poisoning at a blood lead level of 45, with developmental and learning effects, and spent three nights in the hospital. The claim sought the cost of the long-term educational support the child will need.
About the Attorneys Who Handled This Case
This case was handled by Jacob Oresky, Esq., and Joshua E. Goldblatt, Esq.
Jacob Oresky founded Oresky & Associates, PLLC, which has represented injured New Yorkers for more than 30 years. He handles personal injury litigation across the firm’s practice, including claims against residential property owners who fail to correct dangerous conditions in the buildings they rent.
Joshua E. Goldblatt is a personal injury attorney at Oresky & Associates, PLLC. He developed the discovery record in this case, including the verified bill of particulars setting out the lead exposure, the owners’ notice of the condition, and the statutory violations alleged.
Related Lead Poisoning and Premises Liability Settlements
$1,400,000 Settlement — Lead Paint Poisoning in a Bronx Apartment Building
A child with a blood lead level of 24 recovered $1.4 million in a lead paint poisoning case against a Bronx building owner who painted over peeling lead paint instead of abating it.
$5,000,000 Settlement — Pedestrian Killed in a Bronx School Bus Accident
The family of a pedestrian struck in a crosswalk obtained a $5 million wrongful death settlement in a Bronx school bus case.
$900,000 Settlement — Trip and Fall at a Brooklyn Shopping Mall
A raised walkway tile caused a fall that fractured an elderly shopper’s upper spine, resulting in a $900,000 premises liability settlement in Brooklyn.
Common Questions About the $600,000 Lead Paint Poisoning Settlement
Was the $600,000 recovery a verdict or a settlement?
It was a settlement. The $600,000 lead paint poisoning case was mediated and resolved before trial in 2025, in Kings County Supreme Court.
How was the child exposed to lead in the $600,000 case?
Through peeling and deteriorating lead paint in the Brooklyn apartment where the family lived. The exposure continued for more than three years as the child ingested paint chips, inhaled lead dust, and absorbed lead through contact with contaminated surfaces.
What made the building owners legally responsible?
A New York City owner of an older multiple dwelling must find and remediate lead paint hazards in apartments where young children live, without waiting for a tenant to complain. The owners here were alleged to have had both actual and constructive notice of the lead condition and to have painted over the peeling paint rather than abating it.
Does a similar lead paint exposure guarantee a similar recovery?
No. Every lead poisoning case is different. Prior results do not guarantee a similar outcome, and the value of any claim depends on the specific facts, injuries, and legal circumstances involved.
Get Answers About Your New York Lead Poisoning Case
Oresky & Associates, New York Lead Poisoning Attorneys
Lead exposure is usually discovered after the fact, when a routine blood test comes back elevated and a family learns that the apartment they have been living in was the source. Parents are then left to deal with the consequences in the classroom and in their child’s development, and with the cost of the support that follows, often long after they have moved out of the building.
Oresky & Associates, PLLC, has spent more than 30 years representing injured people across New York, including children harmed by hazardous conditions in rental housing. The firm brings premises liability claims against New York property owners who leave dangerous conditions in place.
If your child was exposed to lead paint in a rented apartment, or you were hurt by a hazardous condition on someone else’s property, contact Oresky & Associates, PLLC, for a free, confidential consultation about your options.