Stewart v. Haleviym
Opinion of the Court
— In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Krausman, J.), dated June 27, 1990, as granted the defendant third-party plaintiffs motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
It is well settled that an owner of property is under no duty to pedestrians to remove ice and snow that naturally accumulates upon the sidewalk in front of his premises (Roark v Hunting, 24 NY2d 470, 475; Cannon v Pfleider, 19 AD2d 625, 626). A failure to remove all of the snow is not negligence (Spicehandler v City of New York, 303 NY 946; Herrick v Grand Union Co., 1 AD2d 911; Glassman v City of New York, 284 App Div 1045, affd 1 NY2d 712), and liability will not result unless it is shown that the defendant made the sidewalk more hazardous (Herrick v Grand Union Co., supra;
We have reviewed the plaintiffs’ remaining contentions and find them to be without merit. Harwood, J. P., Balletta, Miller and Copertino, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.