Tenant sued landlord and its managing agent, claiming negligence for failing to adequately cure a lead paint condition in tenant's apartment in a timely manner or to move the family to another apartment. Tenant claimed that his child was injured as a result of the managing agent's actions. The managing agent asked the court to dismiss the case without a trial. The court refused. The managing agent appealed and lost. Whether the managing agent was negligent and had exclusive control of the property were questions that required a trial.
Tenant sued landlord and its managing agent, claiming negligence for failing to adequately cure a lead paint condition in tenant's apartment in a timely manner or to move the family to another apartment. Tenant claimed that his child was injured as a result of the managing agent's actions. The managing agent asked the court to dismiss the case without a trial. The court refused. The managing agent appealed and lost. Whether the managing agent was negligent and had exclusive control of the property were questions that required a trial. Tenant had complained repeatedly about lead paint in the apartment, and the managing agent didn't move the family to another unit after the Department of Health and Mental Hygiene placed 10 lead paint violations on the apartment.
Ortiz v. Gun Hill Management, Inc.: 2011 N.Y. Slip Op. 0122, 2011 WL 536594 (App. Div. 1st Dept.; 2/17/11; Tom, JP, Saxe, DeGrasse, Freedman, Roman, JJ)
