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MANGUAL v. U.S.A. REALTY CORP.

63 A.D.3d 493 (2009)

880 N.Y.S.2d 637

EUNICE MANGUAL, Respondent, v. U.S.A. REALTY CORP., Defendant, and ANNETTA BANARSEE, Appellant. (And a Third-Party Action.)

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

Decided June 9, 2009.

The motion court erred in finding that an issue of fact existed concerning Banarsee's status as managing agent of the building. Regardless of whether Banarsee was acting as an officer of the corporate defendant or managing agent thereof, liability cannot be imposed absent a showing that Banarsee had exclusive control of the premises (see Hakim v 65 Eighth Ave., LLC, 42 A.D.3d 374, 375 [2007]; Mendez v City of New York,

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