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YEN HSIA v. CITY OF NEW YORK

295 A.D.2d 565 (2002)

744 N.Y.S.2d 887

JOSEPH YEN HSIA et al., Respondents, v. CITY OF NEW YORK et al., Respondents, and ELEFTHERIOS MOSHONAS et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 24, 2002.

Ordered that the order is reversed insofar as appealed from, with costs, the cross motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellants, and the action against the defendants Joseph Caputo and Lucia Caputo is severed.

An owner or lessee is under no duty to pedestrians to remove ice and snow that naturally accumulates upon the sidewalk in front of his or her premises (see Booth v City of New York,

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