NEGRON v. G.R.A. REALTY, INC

ORDERED that the order is affirmed insofar as appealed from, with costs.

An owner or lessee of property abutting a public sidewalk is under no duty to pedestrians to remove snow and ice that naturally accumulates upon the sidewalk in front of the premises unless a statute or ordinance specifically imposes tort liability for failing to do so ( see D'Ambrosio v. City of New York, 55 N.Y.2d 454; Roark v. Hunting, 24 N.Y.2d 470, 475; Shivers v. Price Bottom Stores, 289 A.D.2d 389, 390). In municipalities such as New York City where there are no such statutes or ordinances ( see Booth v. City of New York, 272 A.D.2d 357, 358; Kloberdanz v. Estate of Arena, 262 A.D.2d 286, 287), the failure to remove all of the snow that accumulated during a storm will not result in liability unless it is shown that the owner or lessee made the sidewalk more hazardous through negligent snow removal efforts ( see Klein v. Chase Manhattan Bank, 290 A.D.2d 420). Here, in opposition to the prima facie showing by the property owner and the lessee of entitlement to judgment as a matter of law, the plaintiffs failed to raise a triable issue of fact as to whether the property owner, and/or the lessee engaged in negligent snow-removal efforts ( see Yen Hsia v. City of New York, 295 A.D.2d 565, 566; Plona v. City of New York, 289 A.D.2d 215; Penny v. Pembrook Mgt., 280 A.D.2d 590). Thus, the Supreme Court properly granted the respondents' respective motions for summary judgment.

RITTER, J.P., S. MILLER, GOLDSTEIN and H. MILLER, JJ., concur.