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CONTRERAS v. ZABAR'S

293 A.D.2d 362 (2002)

740 N.Y.S.2d 203

CRISTINA CONTRERAS, Appellant, v. ZABAR'S et al., Respondents.

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

Decided April 18, 2002.

Given the absence of notice to defendants, the mere fact that the surface of defendants' cellar door was slippery when wet is insufficient to raise a triable issue as to negligence (see, Wasserstrom v New York City Tr. Auth., 267 A.D.2d 36, 37, lv denied 94 N.Y.2d 761). The expert affidavit offered by plaintiff was properly given no weight, since the expert's opinion that safety required more than the familiar raised treads...

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