Davies v City of New York

Davies v City of New York 2007 NY Slip Op 03563 [39 AD3d 390] April 24, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 6, 2007

Rose Davies, Respondent,
v
City of New York, Defendant, and Mary Mitchell Youth Center, Appellant.

—[*1] White, Fleischner & Fino, LLP, New York (Nancy D. Lyness of counsel), for appellant.

Barry Siskin, New York, for respondent.

Order, Supreme Court, New York County (Mary Ann Brigantti-Hughes, J.), entered February 4, 2005, which, insofar as appealed from, denied defendant-appellant's motion for summary judgment dismissing the complaint as against it, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Plaintiff's claim that appellant created the slippery condition of the floor on which plaintiff slipped by excessive waxing rests only on her observation that the floor was "shiny." Such evidence, without more, does not permit an inference of negligent waxing (Caran v Hilton Hotels Corp., 299 AD2d 252 [2002], lv dismissed 3 NY3d 693 [2004]). Concur—Andrias, J.P., Marlow, Sullivan, Gonzalez and Kavanagh, JJ.