Managing Agent Liable

January 1, 2003

LVT Number: 16309

Tenant sued landlord and its managing agent for damages based on her child's exposure to lead paint in the apartment. The court ruled for tenant and awarded her damages for pain and suffering, future medical care, and counseling. The managing agent appealed, claiming that he wasn't liable. The appeals court ruled against the managing agent. He was separately liable from landlord, since he was in complete and exclusive control of the management and operation of the building.

Tenant sued landlord and its managing agent for damages based on her child's exposure to lead paint in the apartment. The court ruled for tenant and awarded her damages for pain and suffering, future medical care, and counseling. The managing agent appealed, claiming that he wasn't liable. The appeals court ruled against the managing agent. He was separately liable from landlord, since he was in complete and exclusive control of the management and operation of the building.

Guerrero v. Djuko Realty, Inc.: NYLJ, 12/30/02, p. 23, col. 5 (App. Div.2 Dept.; Altman, JP, Smith, Miller, Adams, JJ)

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