New York Appellate Division, Third Department  Holds Snow Contractor Must Face Negligence Claims in Butler v. Vestal Parkway Plaza, LLC.

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📖 Case Summary: Butler v. Vestal Parkway Plaza, LLC

In this premises liability action, a bank employee slipped on ice outside her workplace. The Appellate Division, Third Department upheld the denial of summary judgment to the snow removal contractors, finding that questions of fact exist under the Espinal doctrine regarding whether the plaintiff detrimentally relied on their services or if they assumed complete maintenance responsibility.

⚡️ What Happened:

• Plaintiff slipped and fell on an icy sidewalk outside her job at Citizens Bank.
• US Maintenance (USM) contracted with the bank to handle snow and ice removal.
• USM subcontracted to J.G. Maintenance (Gresham).
• Gresham last salted the site three days before the incident.
• Water runoff from the roof above the bank entrance formed clear ice, a known hazard.

📝 Court’s Ruling:

• Summary judgment denied: factual questions exist whether:
  • Plaintiff detrimentally relied on the contractor’s obligations.
  • The contractors entirely displaced Citizens Bank’s duty to maintain the sidewalk.
• Occasional coworker salting does not eliminate contractor duty.

✅ Key Legal Takeaways:

🔹 Snow Removal Contracts Can Create Tort Duties:
Under Espinal, third parties like employees may sue if they rely on a contractor’s performance or if the contractor assumes full maintenance responsibility.

🔹 Notice Isn’t Always Needed:
Even if the ice was “clear,” a known water pooling issue can establish foreseeability.

🔹 Reliance and Displacement = Jury Questions:
Summary judgment is improper where the plaintiff presents evidence of reliance or total control by the contractor.

🎯 Why This Case Matters For:

💼 Insurance Claims Professionals
– Don’t assume subcontractors are shielded from third-party claims.
– Claims should evaluate contractual language and site history.

⚖️ Defense Counsel
– Be prepared to litigate Espinal factors. The Third Department expects factual nuance.
– Strong deposition strategy around reliance and site responsibility is critical.

🏢 Property Owners & Risk Managers
– Contracts must clearly delegate or retain duties to avoid exposure.
– Track contractor performance and intervene when known hazards persist.

📢 Final Word:

The Third Department reinforces that contractors can’t sweep away liability with boilerplate denials.

👉 For more legal insights tailored to insurers and risk managers, visit New York Civil Law — Case Summaries & Legal Updates. Clearly Explained