Legal Opinion
Mastroddi v. WDG Dutchess Associates Ltd. Partnership
Appellate Division of the Supreme Court of the State of New York
Decided June 17, 2008PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Marcy Friedman, J.), entered August 16, 2007, which denied the motion of defendant North Atlantic Industrial Maintenance, Inc. for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
North Atlantic, a snow removal contractor, contends that it owed plaintiff no duty of care because none of the three situations in which a contractual obligation may give rise to tort liability to third persons obtains here (see Espinal v Melville Snow Contrs., 98 NY2d 136, 140 [2002]). However, North *342Atlantic failed to eliminate all…
2Cases cited6 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
- Schozer v. William Penn Life InsuranceNew York Court of Appeals · 1994
- Prenderville v. International Service Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Colbourn v. ISS International Service Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
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3Cited by5 opinions
- Pomahac v. TrizecHahn 1065 Avenue of the Americas, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Baines v. Daily News L.P.New York Supreme Court · 2015
- Martorel v. Tower Gardens, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- FTBK Investor II LLC v. Genesis Holding LLCNew York Supreme Court · 2014
- Barrett v. Aero Snow Removal Corp.Appellate Division of the Supreme Court of the State of New York · 2018