DUGAN v. CROWN BROADWAY, LLC


33 A.D.3d 656 (2006)

821 N.Y.S.2d 896

DAMARIS DUGAN, Respondent, v. CROWN BROADWAY, LLC, Doing Business as CROWN PROPERTIES, INC., et al., Respondents, and LARO SERVICES SYSTEMS, INC., Doing Business as LARO MAINTENANCE, Appellant.

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

Decided October 10, 2006.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The appellant contends that it cannot be held liable for the plaintiff's accident because it did not owe her a duty of care by virtue of its cleaning service contract with the defendant property owner. Although the appellant improperly raised this argument for the first time in its reply papers, we may consider it on appeal because the existence of a duty presents a question of law...

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