Linarello v. Colin Service Systems, Inc.
Cases that cite this one
16 later published cases cite this decision.
- Bell v. Bollenbach & House, Inc. (Appellate Division of the Supreme Court of New York 2025)
- Foster v. Herbert Slepoy Corp. (Appellate Division of the Supreme Court of New York 2010)
- Laronga v. Atlas-Suffolk Corp. (Appellate Division of the Supreme Court of New York 2018)
- Bryan v. CLK-HP 225 Rabro, LLC (Appellate Division of the Supreme Court of New York 2016)
- Diaz v. Port Auth. of NY & NJ (Appellate Division of the Supreme Court of New York 2014)
- Javid v. Sclafmore Construction (Appellate Division of the Supreme Court of New York 2014)
- Javid v. Sclafmore Construction (Appellate Division of the Supreme Court of New York 2014)
- Rudloff v. Woodland Pond Condominium Ass'n (Appellate Division of the Supreme Court of New York 2013)
- Rudloff v. Woodland Pond Condominium Ass'n (Appellate Division of the Supreme Court of New York 2013)
- Abramowitz v. Home Depot USA, Inc. (Appellate Division of the Supreme Court of New York 2010)
- Lattimore v. First Mineola Co. (Appellate Division of the Supreme Court of New York 2009)
- Conte v. Servisair/ Globeground (Appellate Division of the Supreme Court of New York 2009)
- Schultz v. Bridgeport & Port Jefferson Steamboat Co. (Appellate Division of the Supreme Court of New York 2009)
- Georgotas v. Laro Maintenance Corp. (Appellate Division of the Supreme Court of New York 2008)
- Castro v. Maple Run Condominium Ass'n (Appellate Division of the Supreme Court of New York 2007)
- Roach v. AVR Realty Co. (Appellate Division of the Supreme Court of New York 2007)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant P & C Snow Removal, Inc., appeals, as limited by its
Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the cross motion of the defendant P & C Snow Removal, Inc., which was for summary judgment dismissing the complaint insofar as asserted against it is granted, the complaint is dismissed insofar as asserted against the defendant P & C Snow Removal, Inc., and the action against the remaining defendant is severed.
The defendant P & C Snow Removal, Inc. (hereinafter P & C), established its prima facie entitlement to judgment as a matter of law by its submission of the relevant snow removal contract it entered into with Colin Service Systems, Inc. (hereinafter Colin), pursuant to which P & C obligated itself to perform all of Colin’s obligations contained in a contract between Colin and Verizon, the owner of the premises where the plaintiff Vincent Linarello fell. Although the contract between Colin and Verizon obligated Colin to “provide complete snow plowing, snow removal and/or ice removal services” at Verizon’s premises, it was not a comprehensive or exclusive agreement obligating Colin to maintain the entire premises. Colin, and consequently P & C, were called upon to provide snow removal services on an as-needed basis, or when the snowfall exceeded a particular depth. Hence, P & C did not displace Verizon’s general duty, as an owner, to keep the premises in a safe condition, and thus P & C owed no such duty of care to the plaintiff (see Espinal v Melville Snow Contrs., 98 NY2d 136, 141 [2002]; Grau v Taxter Park Assoc., 283 AD2d 551 [2001]).
Further, P & C made a prima facie showing that it did not launch a force or instrument of harm and thus create or exacerbate the dangerous condition, as alleged by the plaintiff, and the plaintiff failed to raise a triable issue of fact in opposition to that showing (see Espinal v Melville Snow Contrs., supra at 139; Gaitan v Regional Maintenance Corp., 6 AD3d 495, 496 [2004]; Clapp v City of New York, 302 AD2d 347 [2003]; Moquin v Romeo, 301 AD2d 581 [2003]; Carricato v Jefferson Val. Mall Ltd. Partnership, 299 AD2d 444, 445 [2002]; Davis v City of New York, 255 AD2d 356, 357-358 [1998]; DeCurtis v T.H. Assoc., 241 AD2d 536, 537 [1997]; cf. Baillet v Auerbach, 277 AD2d 335 [2000]; Grizzaffi v Paparodero Holding Corp., 261 AD2d 437, 438 [1999]; Roca v Gerardi, 243 AD2d 616, 617 [1997]; Caro v Skyline Terrace Coop., 132 AD2d 512, 513 [1987]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.