Opinion
2001-10994
Argued September 3, 2002.
September 24, 2002.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Suffolk County (Berler, J.), dated November 15, 2001, as granted that branch of the motion of the defendants Alfred Affrunti and Yvonne C. Affrunti, d/b/a Village Chairs Wares, which was for summary judgment dismissing the complaint insofar as asserted against them.
Sobel Seidell, LLP, Smithtown, N.Y. (Kenneth M. Seidell of counsel), for appellants.
Shayne, Dachs, Stanisci, Corker Sauer, Mineola, N.Y. (Norman H. Dachs of counsel), for respondents.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, REINALDO E. RIVERA, JJ.
ORDERED the the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the complaint insofar as asserted against the respondents is denied, and the complaint insofar as asserted against them is reinstated.
The defendants Alfred Affrunti and Yvonne C. Affrunti, d/b/a Village Chair Wares, failed to make a prima facie showing that their snow removal efforts did not cause, create, or otherwise increase the allegedly hazardous icy and snowy condition of the sidewalk where the plaintiff James Mahoney fell (see Lopez v. City of New York, 290 A.D.2d 539; Mejia v. City of New York, 272 A.D.2d 453; Fezza v. Rogers, 167 A.D.2d 599). Accordingly, the Supreme Court erred in granting that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against them.
ALTMAN, J.P., GOLDSTEIN, H. MILLER and RIVERA, JJ., concur.