From Casetext: Smarter Legal Research

Eunice Mangual v. U.S.A. Realty Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 9, 2009
63 A.D.3d 493 (N.Y. App. Div. 2009)

Opinion

No. 771.

June 9, 2009.

Order, Supreme Court, Bronx County (Paul Victor, J.), entered November 13, 2008, which, insofar as appealed from in this action for personal injuries sustained while exiting a building owned by defendant U.S.A. Realty Corp., denied defendant Banarsee's motion for partial summary judgment dismissing the complaint as against her, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of Banarsee dismissing the complaint as against her.

Fried Epstein LLP, New York (John W. Fried of counsel), for appellant.

Burns Harris, New York (Christopher J. Donadio of counsel), for respondent.

Before: Saxe, J.P., Buckley, McGuire, Moskowitz and Acosta, JJ.


The motion court erred in finding that an issue of fact existed concerning Banarsee's status as managing agent of the building. Regardless of whether Banarsee was acting as an officer of the corporate defendant or managing agent thereof, liability cannot be imposed absent a showing that Banarsee had exclusive control of the premises ( see Hakim v 65 Eighth Ave., LLC, 42 AD3d 374, 375; Mendez v City of New York, 259 AD2d 441, 442). Here, the record establishes that Banarsee was not in exclusive control of the subject premises and plaintiff offered no evidence from which it could be inferred that Banarsee was in exclusive control. .'

Motion seeking leave to supplement the record on appeal granted.


Summaries of

Eunice Mangual v. U.S.A. Realty Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 9, 2009
63 A.D.3d 493 (N.Y. App. Div. 2009)
Case details for

Eunice Mangual v. U.S.A. Realty Corp.

Case Details

Full title:EUNICE MANGUAL, Respondent, v. U.S.A. REALTY CORP., Defendant, and ANNETTA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 9, 2009

Citations

63 A.D.3d 493 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 4736
880 N.Y.S.2d 637

Citing Cases

Welliver v. T-C The Colo.

Hercules' motion is for summary judgment to dismiss the complaint as against it. A plaintiff demonstrates a…

Vasquez v. Fieldstone Plaza Condo.

As the agent for the condominium, defendant Veritas is liable to third persons only for affirmative acts of…