Opinion
Submitted September 13, 2000
October 11, 2000.
In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Golia, J.), dated September 7, 1999, as denied that branch of her motion which was for summary judgment dismissing the complaint.
Frank V. Merlino, Garden City, N.Y. (David Holmes of counsel), for appellant.
Friedman Simon, Jericho, N.Y. (Samuel D. Flatt of counsel), for respondents.
Before: DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the branch of the motion which is for summary judgment is granted, and the complaint is dismissed.
In opposition to the defendant's prima facie demonstration of entitlement to judgment as a matter of law, the plaintiffs failed to raise a triable issue of fact that the defendant created or increased an existing hazard by negligently removing snow and ice that had accumulated on the sidewalk (see, Blum v. City of New York, 267 A.D.2d 341; Faiz v. City of New York, 254 A.D.2d 322). Accordingly, the defendant's motion for summary judgment should have been granted.