Corporate Landlord's President Not Personally Responsible for Lead Paint Injury

August 31, 2005

LVT Number: 18304

Tenant sued landlord and its agents for lead-paint poisoning injuries to her child. She sued NYCHA, corporate building owner, corporate owner's president, and landlord's managing agent. Landlord asked the court to dismiss the case. The court ruled for landlord in part. There were questions of fact as to whether landlord should have known that a child under age seven lived in the apartment. But corporate landlord's president and sole shareholder was acting in his capacity as agent for the corporate owner.

Tenant sued landlord and its agents for lead-paint poisoning injuries to her child. She sued NYCHA, corporate building owner, corporate owner's president, and landlord's managing agent. Landlord asked the court to dismiss the case. The court ruled for landlord in part. There were questions of fact as to whether landlord should have known that a child under age seven lived in the apartment. But corporate landlord's president and sole shareholder was acting in his capacity as agent for the corporate owner. And landlord's managing agent never had complete control of the building or any duties relating to remedying the hazardous condition. So these individuals couldn't be held personally responsible for the child's injuries.

Worthy v. NYCHA: NYLJ, 8/22/05, p. 23, col. 1 (App. Div. 1 Dept.; Tom, JP, Saxe, Sullivan, Ellerin, Nardelli, JJ)

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