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Joan ROVECCIO, appellant, v. RY MANAGEMENT COMPANY, INC., respondent.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated May 23, 2005, which granted the defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with costs.
Contrary to the plaintiff's contention, the Supreme Court properly granted the motion of the defendant, the managing agent for the subject condominium complex, for summary judgment on the ground that it owed her no duty of care. “[O]rdinarily, breach of a contractual obligation will not be sufficient in and of itself to impose tort liability to noncontracting third parties upon the promisor” (Church v. Callanan Indus., 99 N.Y.2d 104, 111, 752 N.Y.S.2d 254, 782 N.E.2d 50; see Espinal v. Melville Snow Contrs., 98 N.Y.2d 136, 138, 746 N.Y.S.2d 120, 773 N.E.2d 485; Felder v. R & K Realty, 295 A.D.2d 560, 744 N.Y.S.2d 213). While a duty of care on the part of the managing agent may arise where there is a comprehensive and exclusive management agreement between the agent and the owner which displaces the owner's duty to safely maintain the premises (see Palka v. Servicemaster Mgt. Servs. Corp., 83 N.Y.2d 579, 611 N.Y.S.2d 817, 634 N.E.2d 189; Guerrero v. Djuko Realty, 300 A.D.2d 542, 752 N.Y.S.2d 694), the agreement at issue in this case is not such a contract, since the owner retained substantial control over the management and operation of the property (see Usman v. Alexander's Rego Shopping Ctr., 11 A.D.3d 450, 782 N.Y.S.2d 757; Hagen v. Gilman Mgt. Corp., 4 A.D.3d 330, 770 N.Y.S.2d 890; Perkins v. Cosmopolitan Care Corp., 308 A.D.2d 437, 764 N.Y.S.2d 276; Ingordo v. Square Plus Operating Corp., 276 A.D.2d 528, 714 N.Y.S.2d 693; Lennon v. Oakhurst Gardens Corp., 229 A.D.2d 897, 645 N.Y.S.2d 652; Ioannidou v. Kingswood Mgt. Corp., 203 A.D.2d 248, 610 N.Y.S.2d 277).
In view of the foregoing, the plaintiff's remaining contention need not be reached.
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Decided: May 02, 2006
Court: Supreme Court, Appellate Division, Second Department, New York.
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