Ortiz v. City of New York

Order, Supreme Court, Bronx County (Larry Schachner, J.), entered October 17, 2011, which, to the extent appealed from, denied the City’s cross motion for summary judgment dismissing the complaint and granting its third party claims for contractual defense and indemnification against Viacom Outdoor Incorporated and Shelter Express Corp., unanimously affirmed, without costs.

Plaintiff allegedly slipped and fell on snow that remained in a City-owned bus shelter six days following a snow storm. The City, generally responsible for all snow removal on public property, had contracted this obligation…