Managing Agent May Be Liable for Lead Poisoning

Tenant sued landlord and its managing agent for negligence after her child was diagnosed with elevated lead levels in her blood. Tenant claimed that paint on the apartment's walls, ceilings, and floors had unsafe levels of lead content. The managing agent asked the court to dismiss the case without a trial, claiming that it had taken over managing the building six months after the child was diagnosed with lead poisoning and that it didn't have complete control of building management. The court ruled against the managing agent, and it appealed. The appeals court also ruled against the managing agent. Whether the managing agent had been managing the building at the time of the injury and whether its duties included abating any lead hazard in tenant's apartment were questions of fact that required a trial.

German v. Bronx United in Leveraging Dollars, Inc.: 684 NYS2d 541 (2/2/99) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Wallach, Mazzarelli, Andrias, JJ)