Opinion
7937 Index 150451/14
12-27-2018
Aaron TZAMAROT, Plaintiff–Appellant, v. JP MORGAN CHASE & CO., et al., Defendants–Respondents. JP Morgan Chase & Co., Third–Party Plaintiff, v. McGuire Service Corp., Third–Party Defendant–Respondent.
David Grossman & Associates, PLLC, Huntington (David C. Grossman of counsel), for appellant. Ehrlich Gayner, LLP, New York (Charles J. Gayner of counsel), for JP Morgan Chase & Co. and Wilgrin Realty Corp., respondents. Gallo Vitucci Klar LLP, New York (Andrew C. Kaye of counsel), for McGuire Service Corp., respondent.
David Grossman & Associates, PLLC, Huntington (David C. Grossman of counsel), for appellant.
Ehrlich Gayner, LLP, New York (Charles J. Gayner of counsel), for JP Morgan Chase & Co. and Wilgrin Realty Corp., respondents.
Gallo Vitucci Klar LLP, New York (Andrew C. Kaye of counsel), for McGuire Service Corp., respondent.
Friedman, J.P., Sweeny, Kapnick, Kahn, Singh, JJ.
Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered on or about October 10, 2017, which, inter alia, granted the motions of defendants and third-party defendant for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Dismissal of the complaint was proper since plaintiff's attempt to walk on top of a curbside mound of snow as a shortcut to his parked car, instead of using a nearby path that had been cleared of snow and ice, was the sole proximate cause of his accident (see Tchouke v. City of New York, 158 A.D.3d 412, 68 N.Y.S.3d 474 [1st Dept. 2018] ; McKenzie v. City of New York, 116 A.D.3d 526, 527, 984 N.Y.S.2d 32 [1st Dept. 2014] ; Polomski v. Deluca, 161 A.D.3d 1116, 77 N.Y.S.3d 697 [2d Dept. 2018] ).
We have considered plaintiff's remaining contentions and find them unavailing.