Opinion
2004-02715.
June 13, 2005.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Kitzes, J.), entered March 15, 2004, as, upon the granting of the motion of the defendant Citibank, N.A., pursuant to CPLR 4401 to dismiss the complaint insofar as asserted against it as a matter of law, made at the close of the plaintiff's case, is in favor of the defendant Citibank, N.A., and against him, dismissing the complaint insofar as asserted against that defendant.
Kazierczuk McGrath, Richmond Hill, N.Y. (John P. McGrath and Robert Mazzuchin of counsel), for appellant.
Andrew R. Scott, Uniondale, N.Y. (Michael G. Kruzynski of counsel), for defendant third-party plaintiff-respondent.
Vincent P. Crisci, New York, N.Y., for third-party defendant-respondent.
Thomas D. Hughes, New York, N.Y. (Richard C. Rubinstein of counsel), for defendant Lefferts, LLC.
Before: Schmidt, J.P., Adams, Luciano and Rivera, JJ., concur.
Ordered that the judgment is affirmed insofar as appealed from, with one bill of costs payable to the respondents.
The plaintiff failed to establish that the defendant Citibank, N.A., made the sidewalk upon which he allegedly slipped and fell more hazardous by improper or negligent snow removal. Accordingly, the Supreme Court properly dismissed the complaint insofar as asserted against that defendant ( see Plona v. City of New York, 289 AD2d 215, 216; Reidy v. EZE Equip. Co., 234 AD2d 593, 594).