Opinion
570120/03.
Decided September 16, 2004.
Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County, entered August 12, 1999 (Laura G. Douglas, J.) which granted defendants' cross motions for summary judgment dismissing the complaint.
Order entered August 12, 1999 (Laura G. Douglas, J.) modified to deny the cross motion of defendant New York City Housing Authority for summary judgment and to reinstate the complaint against it, and as so modified, affirmed, without costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.
The negligence action seeks damages for injuries allegedly sustained by plaintiff when she slipped and fell on snow and ice located on the sidewalk in front of defendant housing authority's premises. Summary judgment in favor of the housing authority is precluded by issues of fact as to whether its maintenance staff adequately salted and sanded the path it had attempted to clear along the sidewalk the day preceding plaintiff's accident and, if not, whether its snow removal efforts created or increased the ice hazard that caused plaintiff's injury ( see, Ramirez v. Bri Realty, Inc., 2 AD3d 369; Salazar v. KFC Natl. Mgt. Co., 260 AD2d 171). The action was properly dismissed as against the City, however, there being no record or legal support for plaintiff's argument below that the housing authority shoveled the snow on behalf of or at the "request" of the City. Plaintiff's present contention that the City breached its own snow removal duties, raised for the first time on appeal, is not properly considered.
This constitutes the decision and order of the court.