In Ramirez v. Columbia Presbyterian Hospital , NASA Real Estate Corp. wanted a court to absolve the company of any liability for a lead-paint related claim.
Jennifer Ramirez resided at 80 Arden Street where she allegedly suffered her injuries. Although NASA didn't own or operate the building, several individuals had an ownership interest in various entities that owned and managed the property. Those parties, including the owners of the Arden Street building, happened to be insured under an insurance policy issued to NASA, which led to the company being included in the case. Although NASA disclaimed ownership, operation, management and control of the Arden building, the New York County Supreme Court denied the corporation's dismissal request.
On appeal, the Appellate Division, First Department, didn't think the policy's existence proved NASA was in possession or control of the premises, and felt compelled to end the case as against that entity.
A lone dissenter -- Justice Angela Mazzarelli -- thought the policy's issuance suggested NASA was engaged in some building related activity which could trigger liability.
To download a copy of the Appellate Division's decision, please use this link: Ramirez v. Columbia Presbyterian Hospital