ARNHOLD v. PYRAMID MANAGEMENT GROUP, INC

Ordered that the orders are affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The record indicates that the defendants lacked actual or constructive notice of the ice condition which allegedly caused the injured plaintiff to fall ( see, Simmons v. Metropolitan Life Ins. Co., 84 N.Y.2d 972; Davis v. City of New York, 255 A.D.2d 356; Bertman v. Board of Mgrs., 233 A.D.2d 283). Further, Metzger Construction Corp. owed no duty to the injured plaintiff by virtue of its contractual duty to remove snow and ice from the subject premises ( see, DeCurtis v. T. H. Assocs., 241 A.D.2d 536, 537).

Bracken, J. P., Sullivan, Friedmann and Florio, JJ., concur.