Capestany v. C&S Properties, Inc.
Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Klein, J.), dated November 10, 2003, as granted that branch of the motion of the defendant Bedrock Blacktop Corp. which was for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly granted that branch of the motion of the defendant Bedrock Blacktop Corp. (hereinafter Bedrock) which was for summary judgment dismissing the complaint insofar as asserted against it. Bedrock “assumed no duty to exercise reasonable care to prevent foreseeable harm to the [injured] plaintiff by virtue of its contractual duty to remove snow from the subject premises” (DeCurtis v T.H. Assoc., 241 AD2d 536, 537 [1997]; see Pavlovich v Wade Assoc., 274 AD2d 382, 382-383 [2000]). The contract between Bedrock and the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.