Opinion
Argued January 5, 2011.
Decided February 10, 2011
APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered September 29, 2009. The Appellate Division (1) reversed, on the law, an order of the Supreme Court, Westchester County (Francis A. Nicolai, J.), which had denied a motion by North Greenwich Landscaping, LLC for summary judgment dismissing the complaint and all cross claims insofar as asserted against it, and (2) granted the motion.
Plaintiff commenced a personal injury action to recover damages for injuries she sustained when she allegedly slipped and fell on a patch of ice in a parking lot on property owned by defendant Horton School Associates. Defendant North Greenwich Landscaping, LLC provided snow removal services to defendant Horton pursuant to an oral agreement.
Lehman v North Greenwich Landscaping, LLC, 65 AD3d 1291, affirmed.
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.
Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
OPINION OF THE COURT
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; 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).
Order affirmed, with costs, in a memorandum.