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CARMEN P. ORTIZ, respondent, v. CITY OF NEW YORK, et al., defendants, S. M. CHILDREN'S CENTER, INC., et al., appellants.

DECISION ORDER

ORDERED that the order is reversed insofar as appealed from, with costs, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

The Supreme Court improperly denied the appellants' cross motion for summary judgment dismissing the complaint insofar as asserted against them. The record contains no evidence that, upon removing ice and snow from the sidewalk in front of their premises, the appellants made the sidewalk more hazardous than it would have been had they not done so (see, Tosov v. C B Venture Corp., 261 A.D.2d 535 ; Verdino v. Alexandrou, 253 A.D.2d 553 ; Delgado v. City of New York, 245 A.D.2d 540 ).

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ORTIZ v. CITY OF NEW YORK
(Apr 3, 2000)