Vincent Tortora v. Pearl Foods

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered December 30, 1992, which denied the defendant's motion
for summary judgment, unanimously reversed, on the law, the motion is granted, and the complaint is dismissed, without costs. The Supreme Court erred in denying the defendant's motion for summary judgment since the plaintiff failed to establish the
existence of any triable issue of fact (Zuckerman v. City of New York, 49 N.Y.2d 557, 427 N.Y.S.2d 595, 404 N.E.2d 718). There
is nothing in the record to suggest that the defendant made any repairs to the public sidewalk where the plaintiff purportedly
fell nor did it engage in the negligent removal of snow or ice. In fact, the plaintiff conceded at his deposition that the
snow did not cause his fall.