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TUSHAJ v. ELM MGT. ASSOC.

293 A.D.2d 44 (2002)

740 N.Y.S.2d 40

PJETER TUSHAJ et al., Appellants, v. ELM MANAGEMENT ASSOCIATES, INC., Respondent. (And a Third-Party Action.)

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

April 4, 2002.

Attorney(s) appearing for the Case

Alexander J. Wulwick of counsel (Newman, O'Malley & Epstein, P.C., attorneys), for appellants.

Loretta J. Hottinger of counsel (Gallina & Connolly, attorneys), for respondent.

TOM, J.P., MAZZARELLI and ELLERIN, JJ., concur.

OPINION OF THE COURT

ROSENBERGER, J.

In this case, we must decide if the managing agent of a residential apartment building, whose authority to undertake repairs in the building is limited by its contract with the building's owner, can be liable for injuries incurred by the owner's employee as a result of the agent's failure to undertake repairs that were within its limited contractual authority. Because the employee's safety was well within the scope of...

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