Ramirez v. Columbia Presbyterian Hospital

Mazzarelli, J.P., dissents in a memorandum as follows:

I would affirm the order appealed because issues of fact exist regarding whether appellant had control over the premises sufficient to confer liability. Two of the four apartments in which the infant plaintiff was allegedly exposed to lead paint were located at 80 Arden Street in Manhattan. It is not disputed that defendant Arden St. Realty is the title owner of that building. Appellant NASA Real Estate Corp. (NASA) is a management company whose principal, Frank Cadeddu, is also a principal of Arden St. Realty. Cadeddu owns or is involved…