Lehman v North Greenwich Landscaping, LLC, 16 NY3d 747 (2011)

2011 NY Slip Op 00746 [16 NY3d 747]
February 10, 2011
Court of Appeals

[*1]

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.

{**16 NY3d at 748} 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 [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.