CAPESTANY v. C&S PROPERTIES, INC.


17 A.D.3d 502 (2005)

793 N.Y.S.2d 492

FRED CAPESTANY et al., Appellants, v. C&S PROPERTIES, INC., Defendant, and BEDROCK BLACKTOP CORP., Respondent.

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

April 18, 2005.


The Supreme Court properly granted that branch of the motion of the defendant Bedrock Blacktop Corp. (hereinafter Bedrock) which was for summary judgment dismissing the complaint insofar as asserted against it. Bedrock "assumed no duty to exercise reasonable care to prevent foreseeable harm to the [injured] plaintiff by virtue of its contractual duty to remove snow from the subject premises" (DeCurtis v T.H. Assoc., 241 A.D.2d 536

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