Opinion
2002-04888
Argued December 13, 2002.
January 21, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Ponterio, J.), dated May 1, 2002, as granted that branch of the motion of the defendants Peter Romano and Marie Romano which was for summary judgment dismissing the complaint insofar as asserted against them.
Romagnolo Cambio, LLP, Staten Island, N.Y. (John Z. Marangos of counsel), for appellant.
Charles V. Borsetti, Garden City, N.Y. (David B. Owens of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., HOWARD MILLER, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
An owner of property is under no duty to pedestrians to remove snow and ice that naturally accumulates upon the public sidewalk abutting his or her premises (see Roark v. Hunting, 24 N.Y.2d 470, 475; Verdino v. Alexandrou, 253 A.D.2d 553). Liability will result only, inter alia, if it is shown that negligent or improper shoveling made the sidewalk more hazardous (see Arzola v. Doneca, 272 A.D.2d 422; Velez v. City of New York, 257 A.D.2d 570; Mourounas v. Shahin, 291 A.D.2d 537). Here, in opposition to the respondents' prima facie showing of entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact (see Arzola v. Doneca, supra; Albuja v. City of New York, 298 A.D.2d 537).
The plaintiff's remaining contentions are without merit.
SANTUCCI, J.P., H. MILLER, SCHMIDT and TOWNES, JJ., concur.