Purcell v. York Building Maintenance Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*211Plaintiffs deposition testimony that the floor on which she slipped was “very shiny” and “over waxed,” without more, does not support an inference of negligent waxing or polishing (see Davies v City of New York, 39 AD3d 390 [2007], lv denied 9 NY3d 808 [2007]). Nor may such inference be made on the basis of plaintiffs testimony that a carpet and a yellow “caution” or “slippery” sign were placed on the floor shortly after her fall (see Fernandez v Higdon El. Co., 220 AD2d 293 [1995]). We have considered plaintiffs other evidence and arguments and find them unavailing. Concur—Mazzarelli, J.P.,…
2Cases cited2 opinions
- Fernandez v. Higdon Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Davies v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by3 opinions
- Goldin v. Riverbay Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- De Paris v. Women's National Republican Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- De Paris v. Women's National Republican Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2017