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MARTIN MURO, appellant, v. PETER ROMANO, ET AL., respondents, ET AL., defendants.

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.

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MURO v. ROMANO
(Jan 21, 2003)