In Hutchinson v. Medical Data Resources , Joann Hutchinson sued Lake Associates, Lake Industries, and Doug's Landscaping, Inc., after falling on an icy sidewalk.
When the Suffolk County Supreme Court refused to release those parties from the case, they appealed to the Appellate Division, Second Department.
Property owners are liable for "hazardous snow or ice condition existing on the property ... upon a showing of actual or constructive notice." Since Lake Associates and Lake Industries were unable to show they lacked notice of "the recurring icy [sidewalk] condition," the AD2 thought the case needed to continue as against them.
Doug's Landscaping, on the other hand, only had a "removal contract with Lake," and that "limited contractual undertaking" wasn't enough to give Doug a duty to maintain the property.
The AD2 clearly dug this Doug.
To download a copy of the Appellate Division's decision, please use this link: Hutchinson v. Medical Data Resources