Strauss v. Original Consumers Oil Heating Corp.

Accepting the plaintiffs’ version of the accident, including the fact that the obvious and extensive oil leakage from a defective oil tank existed for many years and created a dangerous condition on the boiler room floor, plaintiffs’ proof is insufficient to establish that the defendant managing agent had the authority to make this repair or that the owner, who had knowledge of the condition, authorized any repairs to correct the condition. There was no written management agreement and the only evidence presented indicated that there was a monetary limitation on the managing agent’s authority…