KLEIN v. CHASE MANHATTAN BANK

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

An owner or a lessee is under no duty to pedestrians to remove ice and snow that naturally accumulates upon the sidewalk in front of its premises (see, Booth v. City of New York, 272 A.D.2d 357; Lakhan v. Singh, 269 A.D.2d 427). The failure to remove all of the snow is not negligence (see, Spicehandler v. City of New York, 303 N.Y. 946; Kennedy v. C C New Main Street Corp., 269 A.D.2d 499), and liability will not result unless it is shown that the owner or lessee made the sidewalk more hazardous by its attempts at removal (see, Lakhan v. Singh, supra; Velez v. City of New York, 257 A.D.2d 570).

The defendants presented evidence which established their prima facie entitlement to summary judgment (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320). In opposition, the plaintiffs failed to offer any probative evidence that the defendants attempted to clear the sidewalk of snow and ice or that their snow removal efforts made the condition of the sidewalk more hazardous (see, Lakhan v. Singh, supra; Velez v. City of New York, supra).

SANTUCCI, J.P., FLORIO, O'BRIEN and SCHMIDT, JJ., concur.