Keshavarz v. Murphy, 242 A.D.2d 680 (N.Y. App. Div. 2d Dep't 1997). · Go Syfert
Keshavarz v. Murphy, 242 A.D.2d 680 (N.Y. App. Div. 2d Dep't 1997). Cases Citing This Book View Copy Cite
45 citation events (14 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 1998 → 2026 · click a year to view as-of
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Cited for
At page 681 Determining scope of contractual maintenance duty and reliance5 citing casesLandscape Maintenance, 231 AD2d 943; Phillips v Young Men’s Christian Assn., 215 AD2d 825). Murphy’s limited contractual undertaking was not a comprehensive…opening of page *681 (no citing court says what it cites this page for)
  • Am. Ins. v. Schnall, 134 A.D.3d 746 (N.Y. App. Div. 2d Dep't 2015).published
    Fund Co., 69 NY2d 559, 567-569 [1987]; Torres v 63 Perry Realty, LLC, 123 AD3d 911, 912 [2014]; Reimold v Walden Terrace, Inc., 85 AD3d 1144, 1146-1147 [2011]; Nesterczuk v Goldin Mgt., Inc., 77 AD3d 800, 805 [2010]; Corley v Country Squir…
  • Kearsey v. Vestal Park, LLC, 71 A.D.3d 1363 (N.Y. App. Div. 3d Dep't 2010).published
    Corp., 280 AD2d 457, 457-458 [2001]; Keshavarz v Murphy, 242 AD2d 680, 681 [1997]; see also Westbank Contr., Inc. v Rondout Val.
  • Malcolm v. Kapur, 278 A.D.2d 926 (N.Y. App. Div. 4th Dep't 2000).published 2 cites
    We therefore modify the order by granting in part Jabco’s cross motion and dismissing the claim for contribution in the third-party complaint (see, Keshavarz v Murphy, supra, at 681).
  • Riekers v. Gold Coast Plaza, 255 A.D.2d 373 (N.Y. App. Div. 2d Dep't 1998).published
    “Further, the injured plaintiff has failed to produce any evidence of her detrimental reliance on [Rittenhouse’s] performance of [its] snow removal obligation ‘or that [its] actions had otherwise “advanced to such a point as to have launch…
  • Jaikran v. Shoppers Jamaica, LLC, 85 A.D.3d 864 (N.Y. App. Div. 2d Dep't 2011).published
    Shoppers did not point to any indemnification provision in the agreement between it and NEI, and an indemnification clause could not be implied from the language of that agreement (see Schultz v Bridgeport & Port Jefferson Steamboat Co., 6…
Retrieving the full opinion text from the archive…
Azar Keshavarz
v.
Michael Murphy, and Young Men's Christian Association of Greater New York, Inc.
Appellate Division of the Supreme Court of the State of New York.
Sep 29, 1997.
Published opinion
242 A.D.2d 680
1997 N.Y. App. Div. LEXIS 9258
Cited by 35 opinions  |  Published

In a consolidated action to recover damages for personal injuries, etc., (1) the defendant Young Men’s Christian Association of Greater New York, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Richmond County (Mastro, J.), entered August 6, 1996, as granted that branch of the motion of the defendant Michael Murphy which was for summary judgment dismissing the cross claims insofar as they are asserted against him, and (2) the plaintiffs separately appeal, as limited by their brief, from so much of the same order as granted that branch of the motion of the defendant Michael Murphy which was for summary judgment dismissing the complaint insofar as it is asserted against him.

Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

The Supreme Court correctly concluded that the defendant Michael Murphy did not assume a duty of reasonable care to the injured plaintiff by virtue of his snow removal contract with the defendant Young Men’s Christian Association of Greater New York, Inc. (hereinafter the YMCA) (see, Eaves Brooks Costume Co. v Y.B.H. Realty Corp., 76 NY2d 220, 226; DeCurtis v T.H. Assocs., 241 AD2d 536; Autrino v Hausrath’s [*681] Landscape Maintenance, 231 AD2d 943; Phillips v Young Men’s Christian Assn., 215 AD2d 825). Murphy’s limited contractual undertaking was not a comprehensive and exclusive property maintenance obligation which the parties could reasonably expect to displace the YMCA’s duty as a landowner to maintain the property safely (see, Palka v Servicemaster Mgt. Servs. Corp., 83 NY2d 579, 588; Autrino v Hausrath’s Landscape Maintenance, supra; Phillips v Young Men’s Christian Assn., supra; Downes v Equitable Life Assur. Socy., 209 AD2d 769). Further, the injured plaintiff has failed to produce any evidence of her detrimental reliance on Murphy’s performance of his snow removal obligation “or that [Murphy’s] actions had otherwise ‘advanced to such a point as to have launched a force or instrument of harm’ ” (Bourk v National Cleaning, 174 AD2d 827, 828, quoting Moch Co. v Rensselaer Water Co., 247 NY 160, 168; see, Autrino v Hausrath’s Landscape Maintenance, supra; Phillips v Young Men’s Christian Assn., supra). Accordingly, the Supreme Court properly granted summary judgment dismissing the complaint insofar as asserted against Murphy.

The Supreme Court also properly granted summary judgment dismissing the YMCA’s cross claims against Murphy. As to the cross claim for contribution, the YMCA failed to show that Murphy owed it a duty of reasonable care independent of his contractual obligations or that a duty was owed to the injured plaintiff and that a breach of that duty contributed to her alleged injuries (see, Phillips v Young Men’s Christian Assn., supra).

With respect to the cross claims for indemnification, there is no evidence of any contractual obligation to indemnify. The YMCA has failed to establish a viable claim for common-law indemnification since its liability to the injured plaintiff, if any, would be based on its actual wrongdoing in failing to properly maintain its property, not on its vicarious liability for Murphy’s conduct (see, County of Westchester v Becket Assocs., 102 AD2d 34, 47, affd 66 NY2d 642). Mangano, P. J., Copertino, Altman and Goldstein, JJ., concur.