Home/New York Court of Appeals/Lehman v. North Greenwich Landscaping, LLC

Lehman v. North Greenwich Landscaping, LLC

942 N.E.2d 1046, 16 N.Y.3d 747
CourtNew York Court of Appeals
DecidedFebruary 10, 2011
StatusPublished
Cited by39 cases

This text of 942 N.E.2d 1046 (Lehman v. North Greenwich Landscaping, LLC) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lehman v. North Greenwich Landscaping, LLC, 942 N.E.2d 1046, 16 N.Y.3d 747 (N.Y. 2011).

Opinion

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, 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.

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Bluebook (online)
942 N.E.2d 1046, 16 N.Y.3d 747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lehman-v-north-greenwich-landscaping-llc-ny-2011.