Court Grants N.Y. Building Managers' Motion for Summary Judgment

NEW YORK - A New York trial court dismissed a cooperative apartment building's managers from a mold exposure case, ruling that an owner's agent cannot be liable unless the owner has ceded "exclusive control" of the property to the agent. Wexler v. 165 East 72nd Apartment Corp., et al., No. 112467/2006 (N.Y. Sup. Ct., N.Y. Cty.).

Citing case law, New York County Supreme Court Justice Doris Ling-Cohan ruled on June 13 that plaintiffs failed to provide evidence that building manager Cooper Square Realty Inc. and its vice president, Joseph Scholes, were anything other than agents of the building's owner.

Howard …