Opinion
February 25, 1999
Appeal from the Supreme Court, Bronx County (Alan Saks, J.).
Defendant Morse Diesel satisfied its burden of proof that it owed no duty to plaintiff and that its alleged negligence was not a proximate cause of plaintiff's injuries. Defendant's submissions, corroborated by the Hospital, established that neither it nor its subcontractors performed work in the immediate vicinity of plaintiff's, accident, that it completed its work six months before the accident occurred and removed its own debris from the premises at that time, and that the maintenance, repair and/or resurfacing of the patio where plaintiff slipped on an ice covered piece of plywood was not within its contractual obligations ( see, Long v. Danforth Co., 236 A.D.2d 781; see also, Manson v. Consolidated Edison Co., 220 A.D.2d 374). Plaintiff failed to rebut the foregoing through evidentiary proof in admissible form sufficient to require a trial of material questions of fact ( see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562). Plaintiff's claim that defendant's installation of a gas line in the general vicinity supports a conclusion that defendant left the plywood on the patio is speculative ( see, Schneider v. Kings Highway Hosp. Ctr., 67 N.Y.2d 743; Silva v. Village Sq. of Penna, 251 A.D.2d 944).
We have considered and rejected plaintiff's other arguments.
Concur — Rosenberger, J. P., Ellerin, Williams and Andrias, JJ.