Managing Agent's Employee Not Responsible for Lead Paint Condition

February 1, 2009

LVT Number: #20984

Tenant claimed that his children suffered injuries from lead paint exposure while living in landlord's building. Tenant sued landlord, a corporation, as well as landlord's sole individual shareholder and an employee of landlord's managing agent. The shareholder and employee asked the court to dismiss the case against them without a trial, claiming that they couldn't be held personally responsible. The court ruled against them, finding that there were issues of fact that needed to be resolved in a trial. They appealed and won.

Tenant claimed that his children suffered injuries from lead paint exposure while living in landlord's building. Tenant sued landlord, a corporation, as well as landlord's sole individual shareholder and an employee of landlord's managing agent. The shareholder and employee asked the court to dismiss the case against them without a trial, claiming that they couldn't be held personally responsible. The court ruled against them, finding that there were issues of fact that needed to be resolved in a trial. They appealed and won. Neither the shareholder nor the employee could be held individually responsible because neither one of them had complete control of the building or any duties related to addressing the hazardous lead paint condition.

Velez v. South Nine Realty Corp.: NYLJ, 1/2/09, p. 37, col. 3 (App. Div. 2 Dept.; Fisher, JP, Carni, McCarthy, Belen, JJ)

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