Landlord Affiliate Not Responsible for Injury in Apartment

Tenant's home health care worker sued tenant, landlord cooperative corporation, unit owner, the building's managing agent, and the managing agent's affiliated company for damages after she was injured in tenant's apartment. The worker claimed that her right eye was injured when a portion of the apartment's bathroom ceiling fell down. She said landlord and others failed to maintain the building in a safe condition. National Birchwood, an affiliate of the managing agent Birchwood Associates, asked the court to dismiss the complaint against its company. The court ruled for National Birchwood because it was a separate entity that didn't own, lease, control, or have special use of the property. While both Birchwood Associates and Birchwood National were part of the Birchwood Park group of companies, Birchwood National had no connection to the building where the injury took place.

Cange v. 18-15 215th Street Owners, Inc.: 2013 NY Slip Op 52198(U), 2103 WL 6726956 (Sup. Ct. Queens; 12/17/13; McDonald, J)