Managing Agent May Be Liable for Lead Poisoning

LVT Number: 11935

Tenant sued landlord and the managing agent based on her child's injuries. Tenant claimed her child swallowed paint chips that were in the apartment and that contained hazardously high levels of lead. The managing agent claimed he wasn't responsible because he was only a shareholder of the company that owned the building. He also claimed that another company was the managing agent for the building. He asked the court to dismiss the case against him. The court ruled against the managing agent.

Tenant sued landlord and the managing agent based on her child's injuries. Tenant claimed her child swallowed paint chips that were in the apartment and that contained hazardously high levels of lead. The managing agent claimed he wasn't responsible because he was only a shareholder of the company that owned the building. He also claimed that another company was the managing agent for the building. He asked the court to dismiss the case against him. The court ruled against the managing agent. The managing agent was the individual person registered as the managing agent on the multiple dwelling registration form. City law provides that a registered managing agent is in control of and responsible for the maintenance and operation of a building. So the managing agent could be liable if tenant proves that there was lead poisoning and that the managing agent was in complete and exclusive control of the building.

Wilcox v. Pappas: NYLJ, p. 28, col. 4 (11/25/97) (Sup. Ct. Kings; Vaughan, J)