Lucia Ortiz filed suit against Blockbuster and Citibank when she slipped and fell on a sidewalk which abutted the companies' parking lot.
Ortiz claimed JSMS Corporation -- a snow removal contractor hired by yet another party -- had made the existing snow and ice conditions worse.
After the Bronx County Supreme Court refused to grant the defendants' request to dismiss the case, they appealed to the Appellate Division, First Department.
Since Citibank and Blockbuster hadn't removed the snow, nor controlled the contractor's work, and because there was no proof JSMS "created or exacerbated" a dangerous condition which led to Ortiz's fall, the AD1 thought the case needed to melt away.
Bet she wishes she could rewind that.
To view a copy of the Appellate Division's decision, please use this link: Ortiz v. Citibank