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ORTIZ v. GUN HILL MANAGEMENT, INC.

4282, 13063/06.

81 A.D.3d 512 (2011)

916 N.Y.S.2d 590

LONDON RAIN ORTIZ, an Infant by His Mother and Natural Guardian, KRISTAL FOWLER, et al., Respondents, v. GUN HILL MANAGEMENT, INC., Respondent, and LANGSAM PROPERTY SERVICES CORP., Appellant, et al., Defendants.

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

Decided February 17, 2011.

The record presents issues of fact as to the scope and extent of defendant managing agent's (Langsam) control over the property, which if "complete and exclusive" could render Langsam liable for nonfeasance in abating the lead-based paint condition that allegedly injured the infant plaintiff (see German v Bronx United in Leveraging Dollars, 258 A.D.2d 251, 252 [1999]). Langsam's contract could readily be construed as giving...

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