SMALLEY v. BEMBEN (2009)

 OPINION OF THE COURT

The order of the Appellate Division should be affirmed, with costs.

 Unless a statute or ordinance “clearly imposes liability upon” an abutting landowner, only a municipality may be held liable for the negligent failure to remove snow and ice from a public sidewalk (Roark v. Hunting, 24 N.Y.2d 470, 475, 301 N.Y.S.2d 59, 248 N.E.2d 896 [1969] [emphasis added];  Jacobs v. Pasquale, 281 A.D.2d 891, 892, 721 N.Y.S.2d 887 [4th Dept.2001] ).   In 1997, the City of Buffalo amended section 413-50(A) of its City Code to impose two duties on landowners:  (1) removing snow and ice on abutting sidewalks before 9:00 a.m. and (2) making, maintaining and repairing abutting sidewalks.   The plain language of section 413-50(A) only imposes liability with respect to the second duty.   While the legislative history of the 1997 amendment may also be read as indicating that the amendment was intended to impose liability on landowners for failing to remove snow and ice from city sidewalks abutting their property (see Montes v. City of Buffalo, 295 A.D.2d 896, 897, 744 N.Y.S.2d 601 [4th Dept.2002], lv denied 99 N.Y.2d 504, 754 N.Y.S.2d 203, 784 N.E.2d 76 [2002] ), the terms of the Code do not clearly subject landowners to such liability.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.

MEMORANDUM.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.