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OPPENHEIM v. ONE SCHOOL STREET PROFESSIONAL CORP.

263 A.D.2d 472 (1999)

691 N.Y.S.2d 917

DOROTHY OPPENHEIM, Plaintiff, v. ONE SCHOOL STREET PROFESSIONAL CORP., Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. WALTER LAZINSKI, Doing Business as LAWNSCAPE ENTERPRISES, Third-Party Defendant-Appellant.

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

Decided July 12, 1999.

Ordered that the order is reversed, on the law, with costs, the motion is granted and the third-party complaint is dismissed.

The appellant did not assume a duty of reasonable care to the plaintiff by virtue of his snow-removal contract with the respondent. The appellant's limited contractual undertaking was not a comprehensive and exclusive property maintenance obligation intended to displace the respondent's duty as a...

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