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KARYDAS v. FERRARA-RUURDS

1291, 101386/12, 590043/13.

142 A.D.3d 771 (2016)

37 N.Y.S.3d 16

EURIPEDES KARYDAS, Respondent, v. MICHELLE FERRARA-RUURDS, Defendant, and DOUGLAS ELLIMAN PROPERTY MANAGEMENT, Appellant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, First Department.

Decided September 1, 2016.

While defendant established that its managing agreement with the coop board was not so "comprehensive and exclusive" as to displace entirely the board's duty to maintain the premises (see Caldwell v Two Columbus Ave. Condominium, 92 A.D.3d 441, 442 [1st Dept 2012]), issues of fact exist whether, in its attempts to repair a minor leak, it negligently exacerbated the problem, and "launched a force or instrument of harm," i.e., what...

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