Opinion
Submitted June 23, 1999
August 16, 1999
Huenke Rodriguez (Majewski Poole, LLP, Garden City, N Y [Michael Majewski and Nicole Norris Poole] of counsel), for defendants third-party defendants-appellants.
Gair, Gair, Conason, Steigman Mackauf, New York, N Y (Richard M. Steigman of counsel), for plaintiffs-respondents.
Rivkin, Radler Kremer, Uniondale, N.Y. (Evan H. Krinick and Jack D. Jordan of counsel), for defendant third-party plaintiff-respondent.
CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, DANIEL W. JOY, MYRIAM J. ALTMAN and NANCY E. SMITH, JJ.
DECISION ORDER
In an action to recover damages for personal injuries, etc., the defendants third-party defendants appeal from an order of the Supreme Court, Nassau County (De Maro, J.), entered October 21, 1998, which denied their motion for summary judgment dismissing the complaint and third-party complaint insofar as asserted against them.
ORDERED that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
The Supreme Court properly determined that the appellants owed an independent duty of care to the plaintiffs, as well as to the defendant Theodore C. Weill, and that there was an issue of fact with respect to the appellants' role in creating the icy condition at issue ( see, Genen v. Metro-North Commuter R.R., ___ A.D.2d ___ [1st Dept., May 18, 1999]; Currier v. Wiltrom Assocs., 250 A.D.2d 570; Phillips v. Seril, 209 A.D.2d 496; Varga v. Parker, 136 A.D.2d 932; see also, English v. City of Albany, 235 A.D.2d 977).
O'BRIEN, J.P., RITTER, JOY, ALTMAN, and SMITH, JJ., concur.