Legal Opinion

DeCanio v. Principal Building Services Inc.

Appellate Division of the Supreme Court of the State of New York

Decided March 25, 2014Published

1Opinion of the Court

Orders, Supreme Court, New York County (Richard F. Braun, J.), entered August 17, 2012, which granted defendants’ motions for summary judgment dismissing the complaint, unanimously modified, on the law, the motion denied as to defendant Principal Building Services Inc. (PBS), and otherwise affirmed, without costs.

The court properly granted the summary judgment motion of defendant snow-removal subcontractor City and County Paving Corp. (CCPC). CCPC’s snow-removal contract with defendant property manager PBS, standing alone, is insufficient to “trigger a duty of care running” to plaintiff (Fung…

2Cases cited8 opinions

  1. Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
  2. Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
  3. Fung v. Japan Airlines Co.New York Court of Appeals · 2007
  4. Lebron v. Napa Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  5. Tamhane v. Citibank, N.A.Appellate Division of the Supreme Court of the State of New York · 2009

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