Opinion
June 15, 1999.
Appeal from the Supreme Court, Bronx County (Anne Targum, J.).
Appellant is not entitled to summary judgment merely because it was no longer the managing agent of the residential cooperative in which plaintiff is employed at the time plaintiff was injured. Appellant was managing the premises at the time the allegedly defective ramp was built, and, as such, can be held liable for affirmative acts of negligence in its design and construction ( see, Jones v. Park Realty [appeal No. 2], 168 A.D.2d 945, affd 79 N.Y.2d 795; cf., Keo v. Kimball Brooklands Corp., 189 A.D.2d 679). We agree with the motion court that issues of fact exist as to appellant's role in and control over the design and construction of the ramp. Nor is appellant entitled to summary judgment by reason of the exclusivity provisions of the Workers' Compensation Law where it admittedly had no connection with the building whatsoever at the time plaintiff was injured ( see, 109 N.Y.Jur.2d Workers' Compensation, § 81, at 258).
Concur — Sullivan, J.P., Rosenberger, Tom, Saxe and Buckley, JJ.