Managing Agent Didn't Oversee Building Maintenance

November 1, 2005

LVT Number: 18422

Tenant's home health aide sued building's landlord and landlord's managing agent, claiming negligence. She had slipped in tenant's apartment, and claimed it was due to a recurring leak in the ceiling. Managing agent claimed that he wasn't responsible, and asked the court to dismiss the case against him. His daughter and her husband owned the building. Managing agent received mail for landlord, but wasn't involved in day-to-day building management. The court ruled for managing agent. He had nothing to do with the maintenance of the building.

Tenant's home health aide sued building's landlord and landlord's managing agent, claiming negligence. She had slipped in tenant's apartment, and claimed it was due to a recurring leak in the ceiling. Managing agent claimed that he wasn't responsible, and asked the court to dismiss the case against him. His daughter and her husband owned the building. Managing agent received mail for landlord, but wasn't involved in day-to-day building management. The court ruled for managing agent. He had nothing to do with the maintenance of the building. The home health aide submitted no proof that managing agent was in complete and exclusive control of building management. And managing agent hadn't taken over for landlord.

Stanbury v. Czuchuwicz: NYLJ, 10/19/05, p. 19, col. 3 (Civ. Ct. Kings; Thomas, J)

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