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JOSE A. BAUTISTA, appellant, v. CITY OF NEW YORK, defendant, SAXONY TOWERS REALTY CORP., respondent.

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 ice and snow that naturally accumulates upon the sidewalk in front of its premises (see, Verdino v. Alexandrou, 253 A.D.2d 553 ). A failure to remove all the snow is not negligence (see, Spicehandler v. City of New York, 303 N.Y. 946 ; Stewart v. Yeshiva Nachlas Haleviym, 186 A.D.2d 731 ). Liability will not result unless it is shown that the defendant, by its snow removal operation, made the condition of the sidewalk more hazardous (see, Stewart v. Yeshiva Nachlas Haleviym, supra). In this case, the plaintiff failed to make such a showing.

The plaintiff's remaining contentions are without merit.

O'BRIEN, J.P., SULLIVAN, GOLDSTEIN, LUCIANO, and FEUERSTEIN, JJ., concur.

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BAUTISTA v. CITY OF NEW YORK
(Dec 13, 1999)