263 A.D.2d 472 691 N.Y.S.2d 917

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, *473the 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.

Oppenheim v. One School Street Professional Corp.
263 A.D.2d 472 691 N.Y.S.2d 917

Case Details

Name
Oppenheim v. One School Street Professional Corp.
Decision Date
Jul 12, 1999
Citations

263 A.D.2d 472

691 N.Y.S.2d 917

Jurisdiction
New York

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