Appellate Division, Fourth Department
Lead Paint Poisoning
Corporate Officer — Commission of a Tort Doctrine — Nonfeasance
Lloyd v. Moore, et al.
Appealed from Supreme Court, Erie County
Background: The plaintiff commenced an action alleging that he sustained injuries as a result of his exposure to lead paint in two apartments rented to his mother by the defendant when he was a child. One of the apartments was owned by the defendant and a nonparty, both of whom served as corporate officers. The defendant appealed from an order denying his motion for summary judgment.
Ruling: The Appellate Division reversed. The court held that commission of a tort doctrine permits personal liability to be imposed on a corporate officer for misfeasance or malfeasance. However, it cannot be used to impose liability for nonfeasance. If proven true, the allegations would have established that the defendant did not personally participate in an affirmative tortious act.
Katie L. Renda of Chelus, Herdzik, Speyer & Monte for the defendant-appellant; Jonthan E. Staehr of Hemming & Staehr for the plaintiff-respondent