Rent Receiver Potentially Liable For Tenant's Injuries In Foreclosed Building - Rojas v. Rubenstein
Friday, October 19, 2012
Per The New Jersey Law Journal:
"A lawyer serving as a court-appointed rent receiver for a foreclosed building can be sued in his official capacity by a tenant injured on the premises, an appeals court ruled on Thursday.
"The Appellate Division, in Rojas v. Rubenstein, A-5755-10, reinstated a tenant's claim against Glenn Peterson, a Clifton attorney who spent 13 months as the receiver for the apartment building at 201-210 Parker Ave. in Passaic.
"The court, however, affirmed dismissal of the claim against Washington Mutual Bank (WaMu), the mortgage lender that had foreclosed on the building before the injury occurred."
From the Appellate Division's decision:
"We are satisfied the court's ruling is correct and is amply supported by our decision in J.L.B. Peterson was appointed by the court as a rent receiver, with professional responsibilities. Any negligence by Peterson in failing to inspect or repair the railing was a result of his official duty as a rent receiver; he had no personal responsibility with respect to the property."
More after the jump...
"A lawyer serving as a court-appointed rent receiver for a foreclosed building can be sued in his official capacity by a tenant injured on the premises, an appeals court ruled on Thursday.
"The Appellate Division, in Rojas v. Rubenstein, A-5755-10, reinstated a tenant's claim against Glenn Peterson, a Clifton attorney who spent 13 months as the receiver for the apartment building at 201-210 Parker Ave. in Passaic.
"The court, however, affirmed dismissal of the claim against Washington Mutual Bank (WaMu), the mortgage lender that had foreclosed on the building before the injury occurred."
From the Appellate Division's decision:
"We are satisfied the court's ruling is correct and is amply supported by our decision in J.L.B. Peterson was appointed by the court as a rent receiver, with professional responsibilities. Any negligence by Peterson in failing to inspect or repair the railing was a result of his official duty as a rent receiver; he had no personal responsibility with respect to the property."
More after the jump...
