Opinion
November 13, 2000.
Appeal from Order of Supreme Court, Erie County, Notaro, J. — Summary Judgment.
PRESENT: PINE, J. P., HAYES, WISNER, KEHOE AND LAWTON, JJ.
Order unanimously affirmed with costs.
Memorandum:
Supreme Court properly denied defendants' motion for summary judgment dismissing the complaint. Plaintiff commenced this action to recover damages for injuries that she sustained when she slipped and fell on ice in the parking lot of a nursing home. Defendant TT Construction (TT), which is owned by defendant Anthony Mingarelli, Jr., was under contract with the nursing home to provide snow removal services. Although TT assumed no independent duty of care to plaintiff solely by virtue of that contract, defendants failed to establish that the accident was not caused by TT's affirmative negligence in the performance of the contract and thus failed to meet their initial burden on the motion ( see, Genen v. Metro-North Commuter R. R., 261 A.D.2d 211, 211-212; cf., McKnight v. St. Mary's Hosp., 262 A.D.2d 1027).