Green v Stevens

[*1] Green v Stevens 2013 NY Slip Op 52185(U) Decided on December 19, 2013 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 19, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Torres, JJ
13-389.

Ronald M. Green, Plaintiff-Appellant,

against

Brown Harris Stevens, Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Peter H. Moulton, J.), entered on or about May 1, 2013, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Peter H. Moulton, J.), entered on or about May 1, 2013, affirmed, without costs.

The trial court applied the appropriate rules of substantive law and accomplished "substantial justice" (see CCA 1804, 1807) in dismissing this small claims action. Defendant, as managing agent of the (nonparty) residential cooperative corporation, "may not be held liable for breach of its contractual duties since it was at all times acting as agent for a disclosed principal" (Brasseur v Speranza, 21 AD3d 297, 299 [2005]). Nor can defendant be cast in damages for negligence, in the absence of any showing that it was in exclusive control of the building (id.) or competent evidence that its negligent oversight, if any, of the building's underground garage renovation project caused damage to the plaintiff-tenant's 17th floor air conditioning unit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 19, 2013