Opinion
2000-07003
Argued December 7, 2001.
January 14, 2002.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Bruno, J.), dated June 30, 2000, as granted the separate motions of the defendants for summary judgment dismissing the complaint insofar as asserted against them.
Marcel Weisman, P.C. (Pollack, Pollack, Isaac DeCicco, New York, N.Y. [Brian J. Isaac] of counsel), for appellants.
Caulfield Law Office (Carol R. Finocchio, New York, N.Y. [Lawrence B. Goodman] of counsel), for respondent Chase Manhattan Bank.
Feeley Cimino, New York, N.Y. (Eugene Guarneri of counsel), for respondent 16 Court Street Investors, LLC.
Wallace D. Gossett, Brooklyn, N.Y. (Anita Isola of counsel), for respondent New York City Transit Authority.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, CORNELIUS J. O'BRIEN, ROBERT W. SCHMIDT, JJ.
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.
An owner or a lessee is under no duty to pedestrians to remove ice and snow that naturally accumulates upon the sidewalk in front of its premises (see, Booth v. City of New York, 272 A.D.2d 357; Lakhan v. Singh, 269 A.D.2d 427). The failure to remove all of the snow is not negligence (see, Spicehandler v. City of New York, 303 N.Y. 946; Kennedy v. C C New Main Street Corp., 269 A.D.2d 499), and liability will not result unless it is shown that the owner or lessee made the sidewalk more hazardous by its attempts at removal (see, Lakhan v. Singh, supra; Velez v. City of New York, 257 A.D.2d 570).
The defendants presented evidence which established their prima facie entitlement to summary judgment (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320). In opposition, the plaintiffs failed to offer any probative evidence that the defendants attempted to clear the sidewalk of snow and ice or that their snow removal efforts made the condition of the sidewalk more hazardous (see, Lakhan v. Singh, supra; Velez v. City of New York, supra).
SANTUCCI, J.P., FLORIO, O'BRIEN and SCHMIDT, JJ., concur.