Santos v. Deanco Services, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dillon, J.P.
We are called upon to determine, for the first time in this judicial department, whether a snow removal contractor may be found liable in a personal injury action under Espinal v Melville Snow Contrs. (98 NY2d 136 [2002]) on the ground that the snow removal contractor’s passive omissions constituted the launch of a force or instrument of harm, where there is no evidence that the passive conduct created or exacerbated a dangerous condition. We find that liability cannot be imposed under such circumstances.
I. Facts
In August 2014, this matter was tried before a…
2Cases cited20 opinions
- Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
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3Cited by19 opinions
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- Somekh v. Valley National BankAppellate Division of the Supreme Court of the State of New York · 2017
- Bregaudit v. Loretto Health & Rehabilitation Ctr.Appellate Division of the Supreme Court of the State of New York · 2022
- Murphy v. Goldman Sachs Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2021
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