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IN THE MATTER OF RAMIREZ v. CITY OF NEW YORK

13 A.D.3d 248 (2004)

787 N.Y.S.2d 259

In the Matter of MIGUEL RAMIREZ, Appellant v. CITY OF NEW YORK et al., Defendants. (And Other Actions.) MIGUEL RAMIREZ, Appellant, v. FORDHAM BEDFORD HOUSING CORPORATION, Respondent, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

December 21, 2004.

The City owned and the Tenants' Association leased the building in which plaintiff allegedly contracted lead poisoning during a lead paint abatement project. Although the Tenants' Association had hired Fordham to assist in the building's management, it is undisputed that the Tenants' Association, not Fordham, had the power to recommend repairs to the City, and that it was the City's prerogative to authorize them. Inasmuch as Fordham did not in its capacity as managing agent...

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