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LINCOLN v. LARD SERVICE SYSTEMS, INC.

1 A.D.3d 487 (2003)

767 N.Y.S.2d 279

DIANE LINCOLN, Appellant, v. LARD SERVICE SYSTEMS, INC., Respondent.

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

November 17, 2003.

Ordered that the order is affirmed, with costs.

A defendant is entitled to judgment as a matter of law where the plaintiff is unable to identify any defect in the floor upon which he or she fell other than to describe it as smooth or shiny (see Pizzi v Bradlee's Div. of Stop & Shop, 172 A.D.2d 504 [1991]). Indeed, it is well settled that in the absence of evidence of a negligent application of floor wax or polish, the...

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