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ARRIOLA v. A&W LANDSCAPING OF LONG ISLAND

1692, 302904/08

68 A.D.3d 484 (2009)

2009 NY Slip Op 9081

888 N.Y.S.2d 890

PEDRO ARRIOLA et al., Respondents, v. A&W LANDSCAPING OF LONG ISLAND, Appellant.

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

Decided December 8, 2009.

Dismissal of the complaint is warranted in this action where plaintiff alleges that his fall was due to defendant's failure to properly perform its snow-removal duties. The record shows that defendant met its prima facie burden of showing that it did not launch an instrument of harm by submitting evidence that it plowed the parking lot to the satisfaction of its owner several days before plaintiff's fall. Plaintiff's testimony that...

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