Negligence Claim Dismissed Against BPS Client

January 2012

On January 3, 2012, N.Y. Supreme Court Justice, Richard M. Platkin, granted Defendant Ross Court Plumbing, Inc.’s CPLR 3212 motion for summary judgment dismissing Plaintiff’s negligence claims arising from exposure to lead-based paint at a premises located in Albany, New York, from 1992 through 1996. During that time, the premises was owned by defendants Iron Creek and Renaissance Rehabilitation. BPS’s client Ross Court Plumbing was employed by Iron Creek and Renaissance to provide services regarding the premises. Plaintiff alleged that Ross Court was negligent as a property manager in failing to discover and/or remediate the lead-based paint condition at the premises.

Ross Court’s motion argued that although factual issues exist concerning the scope of the property management services provided by Ross Court and/or its involvement in the remediation efforts, there were no facts tending to demonstrate that the agreement between Ross Court and Iron Creek and Renaissance was sufficiently comprehensive as to give rise to an independent duty of care to the plaintiff in this action. The Court adopted BPS’s argument and granted summary judgment to Ross Court.  Click here for the full decision.