LEE v. RITE AID OF NEW YORK INC.


261 A.D.2d 368 (1999)

689 N.Y.S.2d 199

WILMA LEE, Respondent, v. RITE AID OF NEW YORK, INC., Appellant.

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

Decided May 3, 1999.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

It is well settled that in the absence of evidence of a negligent application of floor wax or polish, the mere fact that a smooth floor may be shiny or slippery does not support a cause of action to recover damages for negligence, nor does it give rise to any inference of negligence (see, Guarino v La Shellda Maintenance Corp.,

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