does not cause harm. Implicit in the Negligence Complaint, therefore, must be an allegation that the lead paint somehow separated from the wall or ceiling, and entered the air, or fell on the floor, furniture or fixtures in the apartment. One possibility is that lead dust flaked off the walls and was inhaled by Ashley Allman. Another is that the lead paint chipped, and that Ashley Allman ingested those chips. Although flaking, peeling, chipping, crumbling and falling are not among the listed methods of disseminating pollution, it is arguable, and several courts have found, that the presence of lead dust or chips in an apartment qualifies as “discharge,” “dispersal,” or even more generally, as “release.” See, e.g., Oates by Oates v. State, 157 Misc.2d 618, 597 N.Y.S.2d 550 (Ct.Cl.1993) (<HOLDING>), appeal withdrawn after settlement, 206 A.D.2d
holding that the discharge of paint chips into soil was covered by the pollution exclusion because it polluted the environment but that the presence of lead paint in a household would not be so covered holding that pollution exclusion did not apply to claim arising from ingestion of lead paint because exclusion reasonably may be limited to environmental claims holding lead paint poisoning covered by the pollution exclusion holding extraneous offenses of murder by cyanide poisoning relevant to charge of murder by chloroform poisoning holding that the release of carbon monoxide into an apartment is not the type of environmental pollution contemplated by the pollution exclusion clause