AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

PAMELA JAVUREK, ET AL., appellants, v. ROBERT D. L. GARDINER, ET AL., defendants, CHEMICAL BANK, ET AL., respondents.

DECISION ORDER

ORDERED that the order and judgment is affirmed insofar as appealed from, with one bill of costs to the respondents.

On the afternoon of February 24, 1994, the plaintiff Pamela Javurek slipped on ice in the parking area of Chemical Bank. There had been snow and freezing precipitation the night before the incident and into the early morning on the day of the incident, and it had rained the morning of the incident. North Peters Co., Inc. (hereinafter North Peters), had contracted for the limited undertaking of snow removal.

North Peters established its prima facie entitlement to summary judgment. In response, the plaintiffs failed to raise a triable issue of fact. A limited contractual undertaking to provide snow removal services generally does not render the contractor liable in tort for the personal injuries of third parties (see, Murphy v. M.B. Real Estate Dev. Corp., 280 A.D.2d 457; Pavlovich v. Wade Assocs., 274 A.D.2d 382; Girardi v. Bank of New York Co., 249 A.D.2d 443). Nor is there any evidence that the injured plaintiff detrimentally relied on North Peters' performance or that its actions had "advanced to such a point as to have launched a force or instrument of harm" (Pavlovich v. Wade Assocs., supra, at 383; see, Murphy v. M.B. Real Estate Dev. Corp., supra).

Chemical Bank also established its prima facie entitlement to summary judgment. In response, the plaintiffs failed to raise a triable issue of fact that the ice patch where the injured plaintiff fell existed for a sufficient length of time to charge Chemical Bank with constructive notice of the alleged hazardous condition (see, Simmons v. Metropolitan Life Insurance Co., 84 N.Y.2d 972; Alexander v. City of New York, 277 A.D.2d 334; Bertman v. Bd. of Mgrs. of Omni Ct. Condominium I, 233 A.D.2d 283).

KRAUSMAN, J.P., S. MILLER, SCHMIDT and CRANE, JJ., concur.

Use AI to get other relevant cases.

Comments

JAVUREK v. GARDINER
(Oct 15, 2001)