Legal Opinion

Ortiz v. Gun Hill Management, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 17, 2011PublishedCited by 10 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered August 11, 2009, which denied defendant *513Langsam Property Services Corp.’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

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…

2Cases cited5 opinions

  1. Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
  2. Pelton v. 77 Park Avenue CondominiumAppellate Division of the Supreme Court of the State of New York · 2006
  3. People v. FoleyAppellate Division of the Supreme Court of the State of New York · 1999
  4. Tushaj v. Elm Management Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  5. Caldwell v. Gumley-Haft L.L.C.Appellate Division of the Supreme Court of the State of New York · 2008

3Cited by10 opinions

  1. Ortiz v. LehmannAppellate Division of the Supreme Court of the State of New York · 2014
  2. Baek v. Red Cap Services, Ltd.Appellate Division of the Supreme Court of the State of New York · 2015
  3. Baek v. Red Cap Services, Ltd.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Casey v. New York Elevator & Electrical Corp.Appellate Division of the Supreme Court of the State of New York · 2013
  5. Casey v. New York Elevator & Electrical Corp.Appellate Division of the Supreme Court of the State of New York · 2013

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