MURPHY v. OGLETREE CNY (1999)

Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint.   Plaintiff commenced this action seeking damages for injuries she allegedly sustained when she slipped and fell on ice on the sidewalk at the Federal Building in Syracuse, New York. Defendant had a contract with the General Services Administration to remove snow from the parking lot and sidewalk areas.   Defendant established his entitlement to judgment as a matter of law by demonstrating that he did not assume a duty of reasonable care to plaintiff by virtue of his snow removal contract with the General Services Administration (see, Roesch v. Hillick, 247 A.D.2d 927, 928, 668 N.Y.S.2d 787, lv. denied 92 N.Y.2d 808, 678 N.Y.S.2d 593, 700 N.E.2d 1229;  Autrino v. Hausrath's Landscape Maintenance, 231 A.D.2d 943, 647 N.Y.S.2d 638, lv. denied 89 N.Y.2d 812, 657 N.Y.S.2d 405, 679 N.E.2d 644), and plaintiff failed to raise a triable issue of fact (see generally, Zuckerman v. City of New York, 49 N.Y.2d 557, 562, 427 N.Y.S.2d 595, 404 N.E.2d 718).

Order unanimously affirmed without costs.

MEMORANDUM: