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INGORDO v. SQUARE PLUS OPERATING CORP.

276 A.D.2d 528 (2000)

714 N.Y.S.2d 693

SALLY A. INGORDO et al., Respondents, v. SQUARE PLUS OPERATING CORP., a Division of SQUARE INDUSTRIES, INC., Appellant.

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

Decided October 10, 2000.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

As the managing and operating agent for the owner of the parking garage in which the plaintiff Sally A. Ingordo was injured, the defendant may be liable for nonfeasance only if it was in complete and exclusive control of the management of the garage (see, Lennon v Oakhurst Gardens Corp., 229 A.D.2d 897, 898;...

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