SAVAGE v. OYSTER BAY COLUMBIANS, INC.


244 A.D.2d 472 (1997)

665 N.Y.S.2d 918

Arlene Savage et al., Appellants, v. Oyster Bay Columbians, Inc., et al., Respondents

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

November 17, 1997


Ordered that the order is affirmed, with costs.

In this slip and fall case, the affidavit of the plaintiffs' expert contained nothing more than mere surmise and conjecture. It was therefore insufficient to demonstrate the existence of a triable issue of fact as to whether the floor upon which the plaintiff Arlene Savage slipped was improperly waxed (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320; Zuckerman v City...

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