Myra Lehman v. North Greenwich Landscaping, LLC
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
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Myra Lehman,
Appellant,
v.
North Greenwich Landscaping, LLC
et al.,
Respondents.
Arthur Paul Condon, Jr., for appellant.
Thomas D. Hughes, for respondent Horton School
Associates.
George R. Dieter, for respondent North Greenwich
Landscaping, LLC.
MEMORANDUM:
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
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No. 9
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]).
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Order affirmed, with costs, in a memorandum. Chief Judge Lippman
and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones
concur.
Decided February 10, 2011
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