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MARGARET M. OLEY, Appellant, v. VILLAGE OF MASSAPEQUA PARK, Respondent.

Ordered that the judgment is affirmed, with costs.

The plaintiff slipped and fell on naturally accumulated snow and ice in a parking lot allegedly plowed by the defendant. Having failed to submit any evidence at trial that the defendant made the condition of the lot more hazardous by plowing, the plaintiff failed to prove a prima facie case of negligence, and thus, the defendant was entitled to judgment as a matter of law (see, Spicehandler v City of New York, 303 N.Y. 946; Stewart v Yeshiva Nachlas Haleviym, 186 A.D.2d 731; Nevins v Great Atl. Pac. Tea Co., 164 A.D.2d 807; Herrick v Grand Union Co., 1 A.D.2d 911). Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.

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OLEY v. VILLAGE OF MASSAPEQUA PARK
(Nov 8, 1993)