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Lehman v. North Greenwich Landscaping, LLC

16 N.Y.3d 747 Court N.Y. Decision date 2011-02-10 English

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p. 747
[942 NE2d 1046, 917 NYS2d 621]
Myra Lehman, Appellant, v North Greenwich Landscaping, LLC, et al., Respondents.
Argued January 5, 2011;
decided February 10, 2011
p. 748
APPEARANCES OF COUNSEL
Arthur Paul Condon, Jr., Rye, for appellant.
Law Office of Lori D. Fishman, Tarrytown (George R. Dieter of counsel), for North Greenwich Landscaping, LLC, respondent.
Thomas D. Hughes, New York City, Richard C. Rubinstein and David D. Hess for Horton School Associates, respondent.

OPINION OF THE COURT

The order of the Appellate Division should be affirmed, with costs.

Defendant-respondent North Greenwich Landscaping, LLC, in contracting to render snow removal services to property owner Horton School Associates, did not assume a duty of care toward third parties who used the property (see e.g. Eaves Brooks Costume Co. v Y.B.H. Realty Corp., 76 NY2d 220 , 226 [1990]; Moch Co. v Rensselaer Water Co., 247 NY 160 , 167-168 [1928]). In the circumstances of this case, the Appellate Division correctly held that the property owner did not relinquish its duty to inspect and safely maintain the premises (see Espinal v Melville Snow Contrs., 98 NY2d 136 , 141 [2002]).

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Order affirmed, with costs, in a memorandum.

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