In Gardner v. 111 Corp., (286 AD 110 [1955), affd 1 NY2d 758 [1956]) the managing agent was authorized, as pertinent here, to make necessary repairs and alterations with the condition that any alteration costing more than $2,500 would require the owner's approval, and to supervise, hire, and discharge employees, and which employees were deemed to be the owner's employees and not the managing agent's, and the parties' agreement authorized the agent to make repairs but did not require it to do so and it assumed no responsibility to do so. The Appellate Division, First Department, held that as the owner reserved to itself a certain amount of control of the operation of the premises, the managing agent did not displace that control such that it would be held liable to a third party for that party's injury.