Strauss v. Original Consumers Oil Heating Corp.

OPINION OF THE COURT

Judgment entered December 15, 2003 affirmed, with $25 costs.

Plaintiff, the superintendent of a commercial building, was employed by the building owner, Westchester Town Associates, who was not a party to this lawsuit. The owner’s managing agent, defendant Woodmere Custom Developers, “overs[aw] construction and management, including collecting rents, paying bills, making sure the building was functioning properly” and directing “general repairs.” The evidence properly admitted at trial (see CPLR 311.7 [a]) demonstrated that Philip Broad-man, Woodmere’s principal, had for…