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CASON-PAYANO v. DAMIANO

58 A.D.3d 472 (2009)

871 N.Y.S.2d 110

SDHARI CASON-PAYANO, Respondent, v. THOMAS G. DAMIANO et al., Respondents, and G.S. D'ANTONA LANDSCAPING, INC., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

January 13, 2009.

Plaintiff's theory is that the contractor negligently created or exacerbated a snow-related hazard by piling snow on the sides of the parking lot, rather than removing it, thereby permitting it to melt, trickle into the depressed, uneven area of the lot, and freeze. We reject that theory because it is not supported by the contract or the testimony. While the contractor's contract with defendant property owners obligated the contractor...

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