ARTIS v. (and a third-party action). (2005)

In an action to recover damages for personal injuries, the defendants Greater Jamaica Development Corporation, Jamaica Center Holding Company, Inc., Edison Jamaica, LLC, Edison Parking Garage, a/k/a Central Parking System of New York, Inc., Edison Parking Corp., doing business as JWG Supporting Group, Edison Parking Corporation, and Edison Parking Management, LP, appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Flug, J.), dated September 14, 2004, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

ORDERED that the order is affirmed insofar as appealed from, with costs.

While the appellants demonstrated that they had no legal duty to remove snow from the public sidewalk abutting their premises at the time of the plaintiff's accident (see Jablons v. Peak Health Club, 19 A.D.3d 369, 370, 796 N.Y.S.2d 174;  Friedman v. Stauber, 18 A.D.3d 606, 795 N.Y.S.2d 612;  McConologue v. Summer St. Stamford Corp., 16 A.D.3d 468, 469, 792 N.Y.S.2d 101), they failed to establish, as a matter of law, that they did not in fact undertake to clear the sidewalk, and that their snow removal activities did not create or exacerbate the icy condition which caused the plaintiff to fall (see e.g. Kasem v. Price-Rite Off. & Home Furniture, 21 A.D.3d 799, 800 N.Y.S.2d 713;  Knee v. Trump Vil. Constr. Corp., 15 A.D.3d 545, 546, 791 N.Y.S.2d 576;  Karalic v. City of New York, 307 A.D.2d 254, 255, 762 N.Y.S.2d 271;  Lopez v. City of New York, 290 A.D.2d 539, 540, 736 N.Y.S.2d 628).   Accordingly, the Supreme Court properly denied their motion for summary judgment dismissing the complaint insofar as asserted against them.