TROMBETTA v. 775 PARK AVENUE, INC.


262 A.D.2d 147 (1999)

693 N.Y.S.2d 99

MICHAEL TROMBETTA, Respondent, v. 775 PARK AVENUE, INC., Defendant, and ALBERT B. ASHFORTH, INC., Appellant. (And a Third-Party Action.)

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

Decided June 15, 1999.


Appellant is not entitled to summary judgment merely because it was no longer the managing agent of the residential cooperative in which plaintiff is employed at the time plaintiff was injured. Appellant was managing the premises at the time the allegedly defective ramp was built, and, as such, can be held liable for affirmative acts of negligence in its design and construction (see, Jones v Park Realty [appeal No. 2], 168 A.D.2d 945

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