Court Dismisses Complaint and Co-Defendant’s Cross-Claim for Contractual Indemnification Against Defendant Snow Removal Contractor

In a decision dated January 19, 2011, Justice Angela G. Iannacci dismissed the plaintiff pedestrian’s complaint against the defendant snow removal contractor because it did not owe the plaintiff, who slipped and fell on ice, a duty of care and did not create or exacerbate the alleged ice condition on the sidewalk in front of co-defendant property owner’s premises.  In addition, because there was no evidence that the snow removal contractor was negligent in its snow removal, the Court dismissed the property owner’s cross-claim for contractual indemnification as against the snow removal contractor.

Gayer v. Willow Wood Associates, LP et al., Index No. 14285/08 (Nassau Co. Sup. Ct., January 19, 2011)

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