Case: Tatiana Backman and Nora Pines, as Trustee of Chado Trust v. Carl Kleidman
Citation: Civil Court, New York County, Index L&T 99510/09, 27 Misc. 3d 1215 A; 910 NYS 2d 760; 2010 NYS Misc. Lexis 909; 2010 NY Slip Op 50756U
The owners of a condo unit rented the apartment to a tenant was discovered harboring a cat. The Building Superintendent knew of the cat’s existence for over three months prior to the proceeding. A time limit relevant to commencing these kinds of cases. The Court denied the tenant summary judgment, since the Condo owner’s relationship to the Building’s Superintendent was at issue. As the Board and not the owner is the direct employer of the Superintendent, the owner argued there was no principal/agent relationship between the Condo owner and the Superintendent. The Court agreed this was an issue and that the Condo owner’s knowledge of the existence of the cat could not necessarily be imputed by the Superintendent’s knowledge. Thus, the matter was set for trial.