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Oppenheim v. One School Street Professional Corp.

263 A.D.2d 472 Court N.Y. App. Div. Decision date 1999-07-12 English

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p. 472
Dorothy Oppenheim, Plaintiff, v One School Street Professional Corp., Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. Walter Lazinski, Doing Business as Lawnscape Enterprises, Third-Party Defendant-Appellant.
[691 NYS2d 917]

—In an action to recover damages for personal injuries, the third-party defendant appeals from an order of the Supreme Court, Nassau County (Winick, J.), dated August 11, 1998, which denied his motion for summary judgment dismissing the third-party complaint.

Ordered that the order is reversed, on the law, with costs,

p. 473
the motion is granted and the third-party complaint is dismissed.

The appellant did not assume a duty of reasonable care to the plaintiff by virtue of his snow-removal contract with the respondent. The appellant’s limited contractual undertaking was not a comprehensive and exclusive property maintenance obligation intended to displace the respondent’s duty as a landowner to maintain the property safely. Therefore, the third-party complaint, which sought contribution and indemnification against the appellant, is dismissed (see, Miranti v Brightwaters Racquet & Spa, 246 AD2d 518 ; Keshavarz v Murphy, 242 AD2d 680 ). O’Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.

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