In Simon v. Astoria Federal Savings, Justice Battaglia in Kings County rejected a property owner’s argument that the property owner is relieved from liability for injuries caused by negligence in removing snow from the abutting sidewalk if the property owner hired a contractor to clean the snow and the contractor entirely displaced the property owner’s duty to maintain the premises. The court noted that New York City’s “Sidewalk Law” places a non-delegable duty on the property owner to keep the abutting sidewalk free of snow and ice. While a snow removal contract may permit indemnification for any loss, it does not relieve the abutting property owner from liability to the plaintiff. Of course, the court also found that the contract did not entirely displace the owner’s duty regarding removal of snow from the sidewalk.
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