FINLEY v. WEILL


264 A.D.2d 438 (1999)

693 N.Y.S.2d 854

PATRICK FINLEY et al., Respondents, v. THEODORE C. WEILL, Defendant and Third-Party Plaintiff-Respondent. JIMMY'S LAWN SPRINKLER SERVICES et al., Third-Party Defendants-Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided August 16, 1999.


Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The Supreme Court properly determined that the appellants owed an independent duty of care to the plaintiffs, as well as to the defendant Theodore C. Weill, and that there was an issue of fact with respect to the appellants' role in creating the icy condition at issue (see, Genen v Metro-North Commuter R. R.,

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