Paddock v. Church of St. Barnabas, Woodlawn & McLean Heights, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment in favor of plaintiffs unanimously reversed, on the law, and the complaint dismissed, with $50 costs to appellant. Absent from this record, although read most favorably to plaintiffs, is any evidence from which a jury could reasonably find negligent application of the wax, or that the floor became more slippery or otherwise dangerous, as a result of the wax being applied when the floor was dirty. “ The fact that a floor is slippery by reason of its smoothness or polish, in the absence of proof of negligent application of the wax or polish, does not give rise to a cause of action.…
2Cases cited4 opinions
- Nelson v. Salem Danish Lutheran ChurchNew York Court of Appeals · 1947
- Nelson v. Salem Danish Lutheran ChurchAppellate Division of the Supreme Court of the State of New York · 1946
- Elias v. HellerNew York Supreme Court · 1960
- Iorio v. Rockland Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1948
3Cited by2 opinions
- Galler v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1984
- Gootman v. Village of HaverstrawAppellate Division of the Supreme Court of the State of New York · 1994