Genen v. Metro-North Commuter Railroad

Andrias and Saxe, JJ.,

dissent in a memorandum by Andrias, J., as follows: We differ with the majority solely on the issue of whether defendant-appellant, Hunter Excavating Corp., can be held directly liable for plaintiff’s personal injuries based upon its alleged negligent performance of its snow removal contract with Metro-North.

Hunter was responsible for snow removal and sanding at the station pursuant to a written agreement with Metro-North. Such contract required Hunter to commence snow removal or *216sanding work as soon as possible, but in any event within one hour, after being notified by…