Managing Agent Not Liable for Slip and Fall

LVT Number: 10966

Tenant sued landlord and managing agent after being injured in a slip and fall accident while leaving the building. Managing agent asked the court to dismiss the case against it. The court ruled against managing agent, and it appealed. The appeals court reversed and ruled for managing agent, dismissing the case. A managing agent may be subject to liability when it has complete and exclusive control of management and operation of a building. But landlord's written agreement with managing agent gave landlord some control over property and limited managing agent's authority.

Tenant sued landlord and managing agent after being injured in a slip and fall accident while leaving the building. Managing agent asked the court to dismiss the case against it. The court ruled against managing agent, and it appealed. The appeals court reversed and ruled for managing agent, dismissing the case. A managing agent may be subject to liability when it has complete and exclusive control of management and operation of a building. But landlord's written agreement with managing agent gave landlord some control over property and limited managing agent's authority.

Lennon v. Oakhurst Gardens Corp.: 645 NYS2d 652 (1996) (App. Div. 3 Dept.; Cardona, PJ, Mikoll, Mercure, White, Spain, JJ)