Gugliota & Ponzini, P.C., New Rochelle, N.Y. (John C. Gugliotta of counsel), for appellant.
Gambeski & Frum, Elmsford, N.Y. (Donald L. Frum of counsel), for respondents.
WILLIAM F. MASTRO, J.P., SANDRA L. SGROI, JEFFREY A. COHEN, and COLLEEN D. DUFFY, JJ.
Opinion In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Hubert, J.), entered June 23, 2014, which granted the defendants' motion for summary judgment dismissing the complaint.
ORDERED that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.
On January 28, 2009, the plaintiff was traversing a walkway on commercial property located at 777 Old Saw Mill River Road in Tarrytown, when he allegedly slipped and fell on ice after stepping over a small mound of snow thereon.neither created nor exacerbated the allegedly hazardous condition which caused the plaintiff to fall (see Kantor v. Leisure Glen Homeowners Assn., Inc., 95 A.D.3d at 1177, 944 N.Y.S.2d 640 ).
The defendants failed to establish, prima facie, that the snow removal efforts undertaken by their nonparty snow removal contractor on their behalf did not create the allegedly hazardous icy condition which resulted in the plaintiff's injuries (see Ferguson v. Shu Ham Lam, 74 A.D.3d 870, 871–872, 903 N.Y.S.2d 101 ; Amendolace v. City of New York, 2 A.D.3d 659, 660, 768 N.Y.S.2d 642 ; see also Viera v. Rymdzionek, 112 A.D.3d 915, 977 N.Y.S.2d 390 ; Frank v. CPG Partners, L.P., 96 A.D.3d 900, 901, 946 N.Y.S.2d 628 ; Braun v. Weissman, 68 A.D.3d 797, 890 N.Y.S.2d 615 ). Since the defendants failed to meet their burden as the moving party in this case, the Supreme Court should have denied their motion, without regard to the sufficiency of the plaintiff's opposition papers (see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853, 487 N.Y.S.2d 316, 476 N.E.2d 642 ).