Opinion
2003-03605.
Decided May 24, 2004.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated April 11, 2003, which granted the defendant's motion for summary judgment dismissing the complaint.
McCormack Phillips, Nyack, N.Y. (Ronald G. McCormack of counsel), for appellant.
Susan B. Owens, White Plains, N.Y. (Paul L. Neugebauer of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant's motion for summary judgment was properly granted. The defendant did not assume a duty to exercise reasonable care to prevent foreseeable harm to the plaintiff by virtue of its snow removal contract with the plaintiff's employer ( see Espinal v. Melville Snow Contrs., 98 N.Y.2d 136). The defendant's limited contractual undertaking was not a comprehensive and exclusive property maintenance obligation intended to displace the employer's duty as a landowner to safely maintain the property ( see Eidlisz v. Village of Kiryas Joel, 302 A.D.2d 558). In addition, there is no evidence that the plaintiff detrimentally relied on the defendant's performance or that the defendant's actions had advanced to such a point as to have launched a force or instrument of harm ( see Pavlovich v. Wade Assocs., 274 A.D.2d 382).
The plaintiff's remaining contention is improperly raised for the first time on appeal and has not been considered ( see Eidlisz v. Village of Kiryas Joel, supra; Mann v. All Waste Sys., 293 A.D.2d 656; Matter of DelGaudio v. Aetna Ins. Co., 262 A.D.2d 641; Matter of Matarrese v. New York City Health and Hosps. Corp., 247 A.D.2d 475, 476).
ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.