Walz v. Paul Helfer, Inc.

The testimony establishes that plaintiff’s fall occurred during the process of the washing of the floor in defendant’s store. A photograph of the store is in the record, marked by plaintiff to indicate the spot where she fell and also where the porter was working, an intervening space of about four feet, according to the plaintiff. Under the circumstances, defendant is not liable. In Samuels v. Terry Holding Co., Inc. (227 App. Div. 68; affd., 253 N. Y. 593) the plaintiff wife slipped upon soapy water which had accumulated from the washing of the stairs above the flight which she was about to…