In Tamhane v. Citibank, the plaintiff slipped at Citibank’s entrance because of ice that had formed when snow from the roof melted, dripped onto the ground and froze. L.I.S.R. was hired to provide snow removal on the adjacent sidewalk and last worked at this branch the day before the accident. In dismissing the claims against L.I.S.R., the court held that there was no view of the evidence that would support liability on the part of the snow removal contractor and further held that if a jury found that L.I.S.R. either inadequately performed its function or somehow exacerbated a condition, such a finding would be based on “rank speculation.”

Thanks to Bill Kirrane for his contribution to this post.

http://www.nycourts.gov/reporter/3dseries/2009/2009_03103.htm