Insufficient Proof Landlord Owned Building Where Child Injured

Tenant sued landlord, claiming that her child was injured by exposure to lead paint while living in two apartments in landlord's building at 80 Arden Street. Landlord asked the court to dismiss the case. Landlord claimed that it didn't own or manage that building at any time. The court ruled against landlord. Landlord appealed, and the appeals court reversed and dismissed the case against landlord. Landlord claimed that building was owned and managed by Arden St. Realty. Since 1976, NASA had owned only two buildings, one in Queens and another it owned for two years during the 1970s. Landlord's principal said that in 1995 he used a broker to obtain insurance for various property owners, including Arden St. Realty and NASA. The broker insured all the entities under one policy issued to NASA. This included coverage for the building at 80 Arden Street. However, NASA maintained that it never owned, operated, managed, or controlled that building. The deed showed that the building was owned by Arden St. Realty Co. since 1981. There was no evidence contradicting landlord's claim.

Ramirez v. Columbia Presbyterian Hospital and NASA Real Estate Corp.: NYLJ, 5/8/08, p. 38, col. 2 (App. Div. 1 Dept.; Mazzarelli, JP, Andrias, Catterson, McGuire, JJ)