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KOTARA v. CITY OF NEW YORK

2008-11649

68 A.D.3d 1063 (2009)

2009 NY Slip Op 9622

890 N.Y.S.2d 350

ROBERT KOTARA, Respondent, v. CITY OF NEW YORK et al., Respondents, and DRAIN KLEEN SEWER SERVICE, INC., Appellant.

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

Decided December 22, 2009.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant Drain Kleen Sewer Service, Inc., in effect, for summary judgment dismissing the complaint insofar as asserted against it is granted.

Generally, a contractual obligation, standing alone, will not give rise to tort liability in favor of a third party (see Espinal v Melville Snow Contrs.,

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