Rodgers v. Earl

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied that part of defendants’ motion to dismiss the complaint for failure to state a cause of action (see, CPLR 3211 [a] [7]). The complaint, as amplified by the bill of particulars, states a cause of action for negligence based upon the actions of defendants in removing snow from the public sidewalk abutting their property (see generally, Guggenheimer v Ginzburg, 43 NY2d 268, 275).

The court also properly denied that part of defendants’ motion that, in the alternative, sought summary judgment dismissing the…