From Casetext: Smarter Legal Research

Lathan v. NCAS Realty Management Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 1997
240 A.D.2d 474 (N.Y. App. Div. 1997)

Opinion

June 9, 1997

Appeal from the Supreme Court, Westchester County (Cowhey, J.).


Ordered that the order is reversed, on the law, with costs, and the motion is granted, the complaint is dismissed insofar as asserted against the appellants and the action against the remaining defendants is severed.

The plaintiff alleged that she slipped and fell on the lobby floor on the appellants' premises, causing her to sustain personal injuries, as a result of the appellants' negligence in creating a dangerous condition. In her affidavit submitted in opposition to the appellants' motion for summary judgment, the plaintiff averred that a wax buildup caused her to slip and fall and that there was an excessive application of wax on the floor. "'[T]he fact that a floor is slippery by reason of its smoothness or polish, in the absence of a negligent application of wax or polish, does not give rise to a cause of action or give rise to an inference of negligence'" (Pizzi v. Bradlee's Div., 172 A.D.2d 504, 505-506, quoting Silver v. Brodsky, 112 A.D.2d 213, 214).

The plaintiff has failed to present any evidence demonstrating that the appellants were negligent in their application of wax or polish to the floor or that they otherwise created a hazardous condition. Additionally, the record does not reveal any triable issue of fact as to the required element of notice, either actual or constructive.

Mangano, P.J., O'Brien, Ritter and McGinity, JJ., concur.


Summaries of

Lathan v. NCAS Realty Management Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 1997
240 A.D.2d 474 (N.Y. App. Div. 1997)
Case details for

Lathan v. NCAS Realty Management Corp.

Case Details

Full title:ROSEMEYER LATHAN, Respondent, v. NCAS REALTY MANAGEMENT CORP. et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 9, 1997

Citations

240 A.D.2d 474 (N.Y. App. Div. 1997)
658 N.Y.S.2d 436

Citing Cases

Schirripa v. Waldbaums Supermarket

Summary judgment was properly granted. Contrary to the plaintiff's contentions, the record is devoid of any…

Overton v. Leisure Time Recreation

In response to the defendant's prima facie showing of entitlement to judgment as a matter of law, the…