Managing Agent May Be Responsible for Accident That Injured Tenant's Employee

An employee of a restaurant located in landlord's building, sued the building owner, managing agent, and the restaurant for personal injuries after he slipped and fell on grease in the building's basement hallway. The owner and managing agent asked the court to dismiss any claims against them, arguing that they didn't owe the employee a duty of care. The court ruled for the owner and managing agent, dismissing the case against them.

The employee appealed and won in part. The court properly dismiss the case as against the owner, since it had relinquished control of the building to the managing agent. But the managing agent was responsible for maintaining, cleaning, and inspecting the hallway where the accident occurred pursuant to its contract with the owner, and therefore did owe a duty of care to the plaintiff. The lower court should have denied the managing agent's request to dismiss the case against it since it hadn't shown that it lacked constructive notice of the claimed dangerous condition or to submit any proof as to when the area where the plaintiff slipped and fell was last cleaned or inspected relative to the time the accident occurred. 

Guzman v. 787 Holdings, LLC: Index No. 511261/15, Case No. 2019-12994, 2024 NY Slip Op 03033 (App. Div. 2 Dept.; 6/5/24; Iannacci, JP, Chambers, Christopher, Landicino, JJ)