In Twitchell v. Town of Pittsford, 106 AD2d 903, 904-905, 483 N.Y.S.2d 524 [4th Dept 1984], affd 66 NY2d 824, 489 N.E.2d 250, 498 N.Y.S.2d 363 , a school district entered into a contract with a town whereby the town was permitted to operate skating rink on the school district's property and was required to procure liability insurance to cover damages resulting from claims for personal injury.
The plaintiff was injured when he fell on ice in the school district parking lot, which was caused by the town's use of a fire hydrant for resurfacing the rink on the day before the accident. The plaintiff sued the town, which then brought a third-party action against the school district.
Although the written contract between the town and the school district expired, the town continued to maintain the skating rink after the expiration of the agreement. The school district sought indemnification from the town.
On appeal, the Court held that "the mere conduct of the town herein, in continuing to use the skating rink, is insufficient to create a contract for indemnification" (Twitchell, 106 AD2d at 905).