Opinion
Argued February 28, 2000.
April 3, 2000.
In an action to recover damages for personal injuries, the defendants S. M. Children's Center, Inc., and Jack Dushey appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Hutcherson, J.), dated June 9, 1999, as denied their cross motion for summary judgment dismissing the complaint insofar as asserted against them.
Steven G. Fauth, New York, N.Y. (Lowell D. Aptman of counsel), for appellants.
Trager, Cronin Byczek, LLP, Lake Success, N.Y. (Sebastian M. Alia of counsel), for respondent.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Fay Ng of counsel), for defendant City of New York.
CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN , JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, with costs, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.
The Supreme Court improperly denied the appellants' cross motion for summary judgment dismissing the complaint insofar as asserted against them. The record contains no evidence that, upon removing ice and snow from the sidewalk in front of their premises, the appellants made the sidewalk more hazardous than it would have been had they not done so (see, Tosov v. C B Venture Corp., 261 A.D.2d 535 ; Verdino v. Alexandrou, 253 A.D.2d 553 ; Delgado v. City of New York, 245 A.D.2d 540 ).