Opinion
Submitted May 26, 1999
July 12, 1999
In an action to recover damages for personal injuries, the third-party defendant appeals from an order of the Supreme Court, Nassau County (Winick, J.), dated August 11, 1998, which denied his motion for summary judgment dismissing the third-party complaint.
Conway Farrell Curtin Kelly, P.C., New York, N.Y. (Thomas P. Gorton of counsel), for third-party defendant-appellant.
Hammill, O'Brien, Croutier Dempsey, P.C., Mineola, N Y (Anton Piotroski of counsel), for defendant third-party plaintiff-respondent One School Street Professional Corp. and defendant JMS Architect Planner, P.C.
CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, DANIEL W. JOY, MYRIAM J. ALTMAN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the third-party complaint is dismissed.
The appellant did not assume a duty of reasonable care to the plaintiff by virtue of his snow-removal contract with the respondent. The appellant's limited contractual undertaking was not a comprehensive and exclusive property maintenance obligation intended to displace the respondent's duty as a landowner to maintain the property safely. Therefore, the third-party complaint, which sought contribution and indemnification against the appellant. is dismissed ( see, Miranti v. Brightwaters Racquet Spa, 246 A.D.2d 518; Keshavarz v. Murphy, 242 A.D.2d 680).