Court Finds Management Firm Lacked Sufficient Control for Liability

NEW YORK - A New York trial court granted summary judgment to the managing agent of a residential building after concluding the agent lacked sufficient control over maintenance to make it liable to individual residents for alleged negligence. Caldwell v. Gumley-Haft LLC, No. 108531/06 (N.Y. Sup., N.Y. Cty.).

Besides dismissing the negligence cause of action on March 3, New York County Supreme Court Justice Marylin G. Diamond dismissed claims alleging breach of contract, constructive eviction and fraudulent misrepresentation.

The lawsuit was brought in 2006 by Clara and John Caldwell against Gumley-Haft LLC, the present managing agent of Two Columbus Avenue …