Legal Opinion
Tushaj v. Elm Management Associates, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 4, 2002PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
Rosenberger, J.
In this case, we must decide if the managing agent of a residential apartment building, whose authority to undertake repairs in the building is limited by its contract with the building’s owner, can be liable for injuries incurred by the owner’s employee as a result of the agent’s failure to undertake repairs that were within its limited contractual authority. Because the employee’s safety was well within the scope of the agent’s contractual obligations to the property owner and the injuries the employee suffered as a result of the agent’s failure to fulfill…
2Cases cited5 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
- Thompson v. Grumman Aerospace Corp.New York Court of Appeals · 1991
- Gardner v. 1111 Corp.Appellate Division of the Supreme Court of the State of New York · 1955
- Gardner v. 1111 Corp.New York Court of Appeals · 1956
3Cited by17 opinions
- Demond v. Project Service, LLCSupreme Court of Connecticut · 2019
- Vushaj v. Insignia Residential Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Baulieu v. Ardsley Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2011
- Ortiz v. Gun Hill Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Stevanovic v. T.U.C. Management Co.Appellate Division of the Supreme Court of the State of New York · 2003
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