McArthur v. Elad Conservatory, Inc.

Judgment for plaintiff, entered upon a jury verdict in a personal injury action, unanimously reversed and vacated, on the law and on the facts, with $50 costs and disbursements to the defendant, and complaint dismissed on the law, with taxable costs. The plaintiff slipped and fell on a dance floor, maintained by the defendant, Dale Dance Studio, as she was taking the first steps of a dance lesson being given to her by the defendant’s teacher. Her testimony and the testimony of a witness that the floor was “ highly polished ” and that there was no “ traction ” or powder on the floor did not…