McKnight v. St. Mary's Hospital

Appellate Division of the Supreme Court of New York

McKnight v. St. Mary's Hospital

262 A.D.2d 1027, 691 N.Y.S.2d 805, 1999 N.Y. App. Div. LEXIS 7246

Appellate Division of the Supreme Court of the State of New York·Decided June 18, 1999·Published·Cited by 1 cases

Opinion

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted [1028] the motion of defendant Meli Brothers Construction Corporation (Meli) for summary judgment dismissing the complaint against it. It is undisputed that Meli did not contract for snow plowing the sidewalk where plaintiff fell and that, in the course of snow plowing, Meli did not create the accumulation of snow and ice that allegedly caused plaintiff’s fall (see, Pieri v Forest City Enters., 238 AD2d 911). (Appeal from Order of Supreme Court, Monroe County, Bergin, J. — Summary Judgment.) Present — Pine, J. P., Hayes, Pigott, Jr., Scudder and Balio, JJ.

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—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted [1028] the motion of defendant Meli Brothers Construction Corporation (Meli) for summary judgment dismissing the complaint against it. It is undisputed that Meli did not contract for snow plowing the sidewalk where plaintiff fell and that, in the course of snow plowing, Meli did not create the accumulation of snow and ice that allegedly caused plaintiff’s fall (see, Pieri v Forest City Enters., 238 AD2d 911). (Appeal from Order of Supreme Court, Monroe County, Bergin, J. — Summary Judgment.) Present — Pine, J. P., Hayes, Pigott, Jr., Scudder and Balio, JJ.

McKnight v. St. Mary's Hospital, 262 A.D.2d 1027, 691 N.Y.S.2d 805, 1999 N.Y. App. Div. LEXIS 7246 (N.Y. Ct. App. 1999).

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