Michaels v. Lispenard Holding Corp.

This is an appeal by the individual defendants from an order denying their motion for summary judgment dismissing the complaint and the cross complaint of Crown Litho, Inc. The complaint and cross complaint as against these individual def endants-appellants are based upon the claim that they are managing agents in exclusive control of the premises.

Plaintiffs, a copartnership, are occupants under an expired lease of the store premises at No. 64 Lispenard Street, Manhattan, a building owned by the defendant Lispenard Holding Gorp. They sue here for property damage allegedly suffered as a result…