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GARTMANN v. CITY OF NEW YORK

1395.

67 A.D.3d 468 (2009)

890 N.Y.S.2d 5

2009 NY Slip Op 08059

JOANNE GARTMANN, Respondent, v. CITY OF NEW YORK et al., Defendants, and A & A SPRINT ENTERPRISES, INC., Appellant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, First Department.

Decided November 10, 2009.

No issue of fact as to whether defendant snow removal contractor created or exacerbated the alleged dangerous condition that caused plaintiff's fall is raised by the evidence that after the most recent snowfall defendant plowed the parking lot and spread calcium chloride on it (see Espinal v Melville Snow Contrs., 98 N.Y.2d 136, 141-142 [2002]). Nor, since the snow removal contract obligated defendant to plow only after the owner...

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