IN THE MATTER OF RAMIREZ v. CITY OF NEW YORK

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 have complete and exclusive control over the allegedly injurious abatement project, it is not liable for plaintiff's harm ( see German v. Bronx United in Leveraging Dollars, Inc., 258 AD2d 251). [ See 2003 NY Slip Op 50950(U).]