Wilkos v. Plaza Realty Services, Inc. v. Atlantic Service and Equipment Corp.

Wilkos v. Plaza Realty Services, Inc. v. Atlantic Service and Equipment Corp.

John F. Parker and Antoinette L. Banks, on behalf of third-party defendant Atlantic Service and Equipment Corp., obtained summary judgment dismissing the third-party complaint in a New York premises liability action in which the plaintiff allegedly suffered a knee fracture requiring surgery when he slipped and fell on ice in a shopping center parking lot.  Atlantic Service had contracted with the property manager, third-party plaintiff Plaza Realty, to clear the lot of snow.

MCWG moved for summary judgment on behalf of Atlantic Service to dismiss the third-party complaint.  The judge granted the motion in its entirety with costs and disbursements and held that: 1) there was no evidence that Atlantic Service breached its snow plowing contract; 2) Atlantic Service did not owe a duty to the plaintiff because the snow plowing contract was not a comprehensive and exclusive property maintenance obligation, and Atlantic Service did not contribute to the plaintiff's alleged injuries; 3) Plaza Realty could not recover for contractual indemnification because the snow plowing contract did not contain an indemnification clause, and Plaza Realty was not entitled to common-law indemnification because there was evidence that Plaza Realty was responsible for the plaintiff's injuries; and 4) Plaza Realty was not entitled to damages as a result of Atlantic Service's failure to procure insurance, because the snow plowing contract did not obligate Atlantic Service to obtain such insurance.