Friday, August 15, 2014

A managing agent's duty of care.

Practice point:  A duty of care on the part of a managing agent may arise where there is a comprehensive and exclusive management agreement between the agent and the owner that displaces the owner's duty to safely maintain the premises.  Here, the Appellate Division determined that, in moving for summary judgment, the defendants failed to submit a copy of the written management agreement. Consequently, they failed to establish, prima facie, that the managing agent owed no duty of care to the plaintiff.

Student note:  As a general rule, liability for a dangerous or defective condition on real property must be predicated upon ownership, occupancy, control, or special use of that property.

Case:  Calabro v. Harbour at Blue Point Home Owners Assn., Inc., NY  05620 (2d Dept. 2014)

Here is the decision.

Monday's issue: An action for fraud, breach of fiduciary duty, and negligence.