De Paris v. Women's National Republican Club, Inc.

Friedman, J.P., and Andrias, J.,

dissent in a memorandum by Andrias, J., as follows: Because I believe that plaintiff’s unsupported assertions do not raise a material issue of fact sufficient to defeat the motion for summary judgment, I respectfully dissent.

Plaintiff, a member of defendant, Women’s National Republican Club, since 1978, slipped and fell when she took her “first step” with her right foot and with her cane onto the “old marble” floor of defendant’s first-floor ladies’ room. She claims that she fell due to excessive wax on the floor.

It is well settled that “the fact that a floor…