$1,000,000 Settlement

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Settlement for a 2-year-old girl who was exposed to lead-based paint while she resided in her uncle’s apartment in Queens County. The infant was diagnosed with an elevated blood lead level which triggered an investigation by the New York City Department of Health, which tested the apartment and found a lead paint violation on the door leading to the outdoor balcony. The defense argued that the building was constructed years after New York City banned the use of lead paint in 1960. Therefore, there was no lead paint in the apartment and New York City’s lead laws that are favorable to a plaintiff did not apply to this case. Finz & Finz, P.C., conducted an investigation of the building and determined that there were other lead-based paint violations in the building which debunked the defense that no lead paint was ever used in the building.

The defense also argued that if there was lead paint on the balcony door, then it was on the exterior surface of the door. After the defendants were served with notice of the lead paint violation in the apartment, a contractor replaced the balcony door and discarded the original door.

Finz & Finz, P.C., argued that this destruction of the door deprived plaintiff of the ability to conduct its own testing on the door to determine whether the door contained lead paint on the interior surface. Given the destruction of the door, Finz & Finz, P.C., was prepared to argue that the defendants spoliated evidence, and that therefore the jury could make a negative inference against defendants for destroying a crucial piece of evidence.

After a protracted mediation, the trial attorneys, Stuart Finz and Todd Rubin, decided not to settle the case, since it was believed that a jury would more adequately compensate the young girl for her lead paint exposure than the amount offered.

Several months thereafter, the parties reached an agreement to settle the case for $1,000,000.