U.S. district court judge rejects motion to dismiss lead-based paint lawsuit against broker

By David Hutton | Dec 20, 2017

PHILADELPHIA – A U.S. district court judge has dismissed a motion by the agents of a real estate firm to dismiss a lawsuit by a mother claiming her children were affected by exposure to lead-based paint.

PHILADELPHIA – A U.S. district court judge has dismissed a motion by the agents of a real estate firm to dismiss a lawsuit by a mother claiming her children were affected by exposure to lead-based paint.

The order was issued Oct. 27 in the U.S. District Court for the Eastern District of Pennsylvania by U.S. District Court Judge Nitza I. Quiñones Alejandro. No explanation was provided on the order.

Sun-Mi Cho filed the lawsuit against Nina J. Goldberg Delia, also known as Nana Goldberg; Bryan Reese; and Allegiance Real Estate LLC, citing alleged violation of federal law over allegedly leasing her family a home that exposed the minors to lead paint.

The children, identified in court records as N.K. and M.K., and their mother, filed a complaint on April 27 in the U.S. District Court for the Eastern District of Pennsylvania against the defendants alleging that they were not warned of the dangers of lead paint poisoning.

Reese is a real estate broker and agent and is the sole owner and operator of defendant Allegiance, a real estate brokerage.

Goldberg leased the family the home through Allegiance and Reese. The family singed three one-year leases, beginning on Sept. 30, 2014.

The complaint states that the defendants failed to inform the family of the potential high level of lead in the home and as a result, the children were adversely affected by prolonged exposure to lead.

The plaintiff made claims under the Federal Residential Lead-Based Paint Hazard Reduction Act of 1992 for the alleged failure to disclose the presence of lead-based paint.

In an initial complaint, Sun-Mi Cho requested a jury trial, injunctive relief, refund for the cost of the lease, court costs and any further relief the court may grant. She is represented by Stephen M. Dunne of Dunne Law Offices P.C. in Philadelphia.

The defendants are represented by Philadelphia-based attorney John F. Rooney.

U.S. District Court for the Eastern District of Pennsylvania Case number 2:17-cv-01948-NIQA

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