Managing Agent Not Liable for Tenant's Fall

April 30, 1994

LVT Number: 8736

Tenant sued landlord's managing agent for damages after she fell into a hole caused by a missing step in the building staircase. Managing agent asked the court to dismiss the case without a trial. The court ruled for managing agent, and tenant appealed. The appeals court ruled against tenant. The managing agent's written contract with landlord showed that managing agent didn't have exclusive control over the building; landlord retained some control.

Tenant sued landlord's managing agent for damages after she fell into a hole caused by a missing step in the building staircase. Managing agent asked the court to dismiss the case without a trial. The court ruled for managing agent, and tenant appealed. The appeals court ruled against tenant. The managing agent's written contract with landlord showed that managing agent didn't have exclusive control over the building; landlord retained some control. Only a managing agent who has complete and exclusive control of the management and operation of a building can be held liable for nonfeasance.

Ioannidou v. Kingswood Management Corp.: NYLJ, p. 33, col. 1 (4/11/94) (App. Div. 2 Dept.; Balletta, JP, Ritter, Copertino, Goldstein, JJ)

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