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

In a decision dated May 15, 2012, Justice Michele M. Woodard 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 in the roadway 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.

Spellman v. AAA Maintenance, LLC, et al., Index No. 2785/10 (Nassau Co. Sup. Ct., May 15, 2012)

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