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MASTRODDI v. WDG DUTCHESS ASSOCIATES LIMITED PARTNERSHIP

52 A.D.3d 341 (2008)

861 N.Y.S.2d 11

DIANA MASTRODDI, Respondent, v. WDG DUTCHESS ASSOCIATES LIMITED PARTNERSHIP et al. Defendants, and NORTH ATLANTIC INDUSTRIAL MAINTENANCE, INC., Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 17, 2008.

North Atlantic, a snow removal contractor, contends that it owed plaintiff no duty of care because none of the three situations in which a contractual obligation may give rise to tort liability to third persons obtains here (see Espinal v Melville Snow Contrs., 98 N.Y.2d 136, 140 [2002]). However, North Atlantic failed to eliminate all triable issues of fact with respect to any of these...

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