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MARCHETTI v. ALLSTATE CONVEYOR SERVICE, INC.

2008-06833.

67 A.D.3d 748 (2009)

888 N.Y.S.2d 597

2009 NY Slip Op 08189

JOANNE MARCHETTI, Appellant, v. ALLSTATE CONVEYOR SERVICE, INC., Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 10, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

Generally, the breach of a contractual obligation to maintain and inspect building premises is not sufficient in and of itself to impose tort liability upon the promisor with respect to noncontracting third parties (see Espinal v Melville Snow Contrs., 98 N.Y.2d 136, 139 [2002]; Palka v Servicemaster Mgt. Servs. Corp., 83 N.Y...

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