Legal Opinion

Gardner v. 1111 Corp.

Appellate Division of the Supreme Court of the State of New York

Decided June 7, 1955PublishedCited by 19 opinions

1Opinion of the CourtRabin, J.

This appeal involves a determination as to the liability of a managing agent of an apartment house for the death of an elevator operator who was killed in the course of his employment when an elevator tie rod broke and the compensating chain fell through the roof of the cab.

The claim here is that the accident occurred because of the failure of the defendant-appellant Bing & Bing, Inc., the managing agent, to inspect and repair the elevator. Thus, the claim is one for nonfeasance. The law is clear that where a managing agent has complete and exclusive control of the management and operation of…

2Cases cited11 opinions

  1. Wyllie v. . PalmerNew York Court of Appeals · 1893
  2. Matter of De Noyer v. . CavanaughNew York Court of Appeals · 1917
  3. Murray v. . UsherNew York Court of Appeals · 1889
  4. Mollino v. Ogden & Clarkson Corp.New York Court of Appeals · 1926
  5. Greco v. LevyNew York Court of Appeals · 1939

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3Cited by19 opinions

  1. Jones v. ArchibaldAppellate Division of the Supreme Court of the State of New York · 1974
  2. Michaels v. Lispenard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1960
  3. Tushaj v. Elm Management Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  4. Ioannidou v. Kingswood Management Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Bird v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 1959

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