Dickerhof v. Port Auth. of N.Y. New Jersey

Full title: RICHARD DICKERHOF, Respondent, v. PORT AUTHORITY OF NEW YORK AND NEW…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 20, 1991

174 A.D.2d 506 (N.Y. App. Div. 1991)

571 N.Y.S.2d 284

Opinion

June 20, 1991

Appeal from the Supreme Court, New York County (Carol H. Arber, J.).

In this personal injury action for injuries sustained as a result of a fall in an airport parking lot, the Court properly denied Hudson's motion for summary judgment based solely upon the claim that it owed no duty to plaintiff. The duty of reasonable care in the performance of a contract is not always owed solely to parties to the contract, but may also inure to the benefit of third parties. (White v Guarente, 43 N.Y.2d 356.) To the extent Hudson's motion was limited to this theory, we need not consider arguments, made for the first time on appeal, that plaintiff had failed to establish a triable issue of fact with respect to the claim of negligent performance of the contract. (Recovery Consultants v Shih-Hsieh, 141 A.D.2d 272.)

Concur — Sullivan, J.P., Milonas, Ross, Kassal and Rubin, JJ.