Justice Paul Wooten
In this action for personal injuries, worker Checo was allegedly injured when he slipped and fell at the Yonkers Raceway on snow and ice. Sentralle Construction was the snow removal contractor hired by the Raceway to clear snow from portions of the premises. Checo argued Sentralle was negligent in failing to adequately remove or remedy the snow and icy condition on which he fell. Sentralle moved for summary judgment dismissing the complaint. Sentralle noted it went to the site only when called by the Raceway. Further, Sentralle argued it owed no duty to Checo, thus could not be held liable for negligence, contending also that it had no duty to remove snow while a storm was still in progress. The court agreed finding Sentralle demonstrated its prima facie entitlement to summary judgment as the contract was not comprehensive and did not displace the Raceway’s duty to maintain the premises in a reasonably safe condition. It also found there was no evidence Sentralle created or exacerbated any risk or defective condition, and had no duty to start snow removal until a reasonable time after the storm dissipated. Thus, Sentralle’s motion was granted.