Did Managing Agent Cause Lead Paint Condition?

December 1, 2011

LVT Number: #23742

Tenant sued landlord and the City of New York, claiming that her child suffered injuries from lead paint exposure in an apartment that the NYC Department of Homeless Services had placed her in. Landlord, the apartment's managing agent, asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled against landlord, who appealed and lost. Landlord, as managing agent, claimed that it wasn't responsible because it neither owned nor had exclusive control of the building.

Tenant sued landlord and the City of New York, claiming that her child suffered injuries from lead paint exposure in an apartment that the NYC Department of Homeless Services had placed her in. Landlord, the apartment's managing agent, asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled against landlord, who appealed and lost. Landlord, as managing agent, claimed that it wasn't responsible because it neither owned nor had exclusive control of the building. But there were fact questions as to whether the managing agent caused its agents to remove insulation and scrape lead paint off pipes in tenant's apartment, thereby creating the condition. A trial was needed to decide the issues.

Carlucci v. City of New York: 932 N.Y.S.2d 66, 2011 NY Slip Op 07911 (App. Div. 1 Dept.; 11/10/11; Tom, JP, Andrias, Acosta, Freedman, Richter, JJ)

Topics

More like this