May 12, 2021 – M&H Wins Appeal Against Snow Removal Contractor By Leveraging Espinal Exception And Imposing A Duty Of Care In Favor Of Plaintiff

The Appellate Division, Second Department, in accordance with M&H’s arguments on appeal, denied Defendant’s motion for summary judgment, reasoning that Defendant had failed to establish, prima facie, that it did not owe a duty of care to Plaintiff by virtue of having created the hazardous condition and thereby having launched the “instrument of harm.”