| Caldwell v Gumley-Haft L.L.C. |
| 2008 NY Slip Op 07968 [55 AD3d 408] |
| October 21, 2008 |
| Appellate Division, First Department |
| Clara Caldwell et al., Appellants, v Gumley-Haft L.L.C.,Respondent. |
—[*1] Braverman & Associates, P.C., New York (Andreas E. Theodosiou of counsel), forrespondent.
Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered March 5, 2008,which granted defendant's motion for summary judgment dismissing the complaint, unanimouslyaffirmed, without costs.
Plaintiffs failed to present evidence raising a triable issue of fact as to whether defendant wasaffirmatively negligent or in complete and exclusive control of the building (see Pelton v 77Park Ave. Condominium, 38 AD3d 1, 11-12 [2006]; Gardner v 1111 Corp., 286 AppDiv 110 [1955], affd 1 NY2d 758 [1956]). Defendant established it did not havecomplete and exclusive control of the sponsor's building, it acted solely as the sponsor's agent,and was not liable for potentially negligent acts of the sponsor.
Plaintiffs failed to plead a cause of action for fraud with sufficient particularity (CPLR 3016[b]). Although they alleged defendant's representations were false, there was no factual supportfor that assertion, or for any of the other elements of fraud (see Friedman v Anderson, 23AD3d 163, 166-167 [2005]). Concur—Tom, J.P., Gonzalez, Williams, Moskowitz andFreedman, JJ.