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ROSADO v. UNION SQUARE 14TH ST. ASSOCS.

247 A.D.2d 316 (1998)

668 N.Y.S.2d 463

Anthony Rosado, Respondent, v. Union Square 14th Street Associates et al., Defendants, and Maxwell-Kates, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 24, 1998

In view of the provision in the management agreement between the building and the agent requiring the latter to perform "routine supervision" of the former's service employees, we reject the agent's argument that, as a matter of law, it owed no duty of care to plaintiff (see, Eaves Brooks Costume Co. v Y.B.H. Realty Corp., 76 N.Y.2d 220, 226). We also see a need for further disclosure as to how the agent's routine supervisory...

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