MYRA LEHMAN v. NORTH GREENWICH LANDSCAPING

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Defendant-respondent North Greenwich Landscaping, LLC, in contracting to render snow removal services to property owner Horton School Associates, did not assume a duty of care toward third parties who used the property ( see e.g. Eaves Brooks Costume Co. v Y.B.H. Realty Corp., 76 NY2d 220, 226; Moch Co. v Rensselaer Water Co., 247 NY 160, 167-168 [1928]). In the circumstances of this case, the Appellate Division correctly held that the property owner did not relinquish its duty to inspect and safely maintain the premises ( see Espinal v Melville Snow Contrs., 98 NY2d 136, 141).

Order affirmed, with costs, in a memorandum.