Opinion
2020–07920 Index No. 151678/18
06-07-2023
Sunceris DAVILA, appellant, v. Raul PARADA, respondent.
Krentsel Guzman Herbert, LLP, New York, NY (Marcia K. Raicus and Mischel & Horn, P.C. [Scott T. Horn ], of counsel), for appellant. Shearer PC, Locust Valley, NY (Jonathan M. Citrin of counsel), for respondent.
Krentsel Guzman Herbert, LLP, New York, NY (Marcia K. Raicus and Mischel & Horn, P.C. [Scott T. Horn ], of counsel), for appellant.
Shearer PC, Locust Valley, NY (Jonathan M. Citrin of counsel), for respondent.
COLLEEN D. DUFFY, J.P., JOSEPH J. MALTESE, DEBORAH A. DOWLING, BARRY E. WARHIT, JJ.
DECISION & ORDER In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Charles M. Troia, J.), dated October 9, 2020. The order granted the defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with costs.
The plaintiff allegedly was injured when she slipped and fell on ice on a public sidewalk abutting real property owned by the defendant. Thereafter, the plaintiff commenced this action against the defendant to recover damages for personal injuries. After the completion of discovery, the defendant moved for summary judgment dismissing the complaint. The Supreme Court granted the motion, and the plaintiff appeals.
"The owner or lessee of property abutting a public sidewalk is under no duty to remove ice and snow that naturally accumulates upon the sidewalk unless a statute or ordinance specifically imposes tort liability for failing to do so" ( Bruzzo v. County of Nassau, 50 A.D.3d 720, 721, 854 N.Y.S.2d 774 ; see Sheikh v. Chinatomby, 205 A.D.3d 835, 836, 165 N.Y.S.3d 888 ; Ming Hsia v. Valle, 147 A.D.3d 933, 933–934, 48 N.Y.S.3d 169 ). "In the absence of a statute or ordinance imposing tort liability on the [owner or] lessee, it can be held liable only if it, or someone on its behalf, undertook snow and ice removal efforts which made the naturally-occurring conditions more hazardous" ( Schron v. Jean's Fine Wine & Spirits, Inc., 114 A.D.3d 659, 660–661, 979 N.Y.S.2d 684 ; see Sheikh v. Chinatomby, 205 A.D.3d at 836, 165 N.Y.S.3d 888 ; Forlenza v. Miglio, 130 A.D.3d 567, 568, 13 N.Y.S.3d 183 ). In 2003, the New York City Council enacted section 7–210 of the Administrative Code of the City of New York to shift tort liability for injuries resulting from hazardous sidewalk conditions from the City to abutting property owners (see Vucetovic v. Epsom Downs, Inc., 10 N.Y.3d 517, 519–520, 860 N.Y.S.2d 429, 890 N.E.2d 191 ). However, this liability shifting provision does not apply to "one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes" (Administrative Code of City of N.Y. § 7–210[b]).
Here, the defendant established his prima facie entitlement to judgment as a matter of law by demonstrating that, as the owner-occupant of his one-family residence, he had no statutory duty to clear snow or ice from the public sidewalk abutting his property (see Sheik v. Chinatomby, 205 A.D.3d at 836, 165 N.Y.S.3d 888 ; Colletti v. Bauer, 175 A.D.3d 1484, 1485, 109 N.Y.S.3d 394 ; DeSilvio v. Lin Zheng, 150 A.D.3d 679, 680, 53 N.Y.S.3d 699 ), and by further demonstrating that he did not exacerbate any dangerous condition on the sidewalk by showing that neither he nor anyone acting on his behalf had undertaken to remove any snow or ice in the area where the plaintiff fell (see Colletti v. Bauer, 175 A.D.3d at 1485, 109 N.Y.S.3d 394 ; David v. Chong Sun Lee, 106 A.D.3d 1044, 1045, 967 N.Y.S.2d 80 ). In opposition, the plaintiff failed to raise a triable issue of fact.
Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.
DUFFY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur.