President of Corporate Landlord Not Personally Responsible for Negligence

October 31, 2009

LVT Number: #22237

Tenant sued landlord, a corporation, and landlord's president for negligence in the maintenance of her apartment building. The court denied the president's request to dismiss the case against him. He appealed and won. As a corporate officer, landlord's president wasn't responsible for mere nonfeasance. The lower court incorrectly denied the president's request to dismiss the case because he was the registered managing agent for the building. But tenant never claimed that the president was the registered managing agent. And the HPD report the court relied on was an uncertified document.

Tenant sued landlord, a corporation, and landlord's president for negligence in the maintenance of her apartment building. The court denied the president's request to dismiss the case against him. He appealed and won. As a corporate officer, landlord's president wasn't responsible for mere nonfeasance. The lower court incorrectly denied the president's request to dismiss the case because he was the registered managing agent for the building. But tenant never claimed that the president was the registered managing agent. And the HPD report the court relied on was an uncertified document.

Robles v. Palazzolo Realty Corp.: 2009 WL 3172102 (App. Div. 1 Dept.; Tom, JP, Sweeny, McGuire, DeGrasse, Freedman, JJ)

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