| Lehman v North Greenwich Landscaping, LLC |
| 2011 NY Slip Op 00746 [16 NY3d 747] |
| February 10, 2011 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, March 16, 2011 |
| Myra Lehman, Appellant, v North Greenwich Landscaping, LLC, et al., Respondents. |
Argued January 5, 2011; decided February 10, 2011
Lehman v North Greenwich Landscaping, LLC, 65 AD3d 1291, affirmed.
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.
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 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, [*2]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.