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GERTRUDE DRILLINGS v. BETH ISRAEL MED. CTR.

200 A.D.2d 381 (1994)

606 N.Y.S.2d 191

Gertrude Drillings, Appellant, v. Beth Israel Medical Center et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

January 6, 1994

Since the only evidence regarding the condition of the floor upon which plaintiff allegedly fell, on the date of the incident, establishes that the floor was shiny as "always," summary judgment was properly granted. (See, Silver v Brodsky, 112 A.D.2d 213.) Indeed, even considering the expert's affidavit, which was based on an examination of the floor (see, CPLR 3120) some...

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