CEVALLOS v. MORNING DUN REALITY, CORPORATION

3665, 14664/07.

78 A.D.3d 547 (2010)

911 N.Y.S.2d 329

LINDEMBERG CEVALLOS, Appellant, v. MORNING DUN REALTY, CORP., Respondent.

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

Decided November 18, 2010.


Defendant, the owner of a residential building, moved for summary judgment on the strength of the deposition testimony of its principal, who stated that he was an absentee owner who retained a managing agent to maintain the building, and of plaintiff. Plaintiff testified that he was employed as a handyman by the managing agent, who instructed him to repair a hole in the ceiling of an apartment and supplied all the materials and equipment for the repair job. The equipment...

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