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TOMOL v. SBARRO, INC.

306 A.D.2d 461 (2003)

761 N.Y.S.2d 845

LILYAN TOMOL et al., Appellants, v. SBARRO, INC., Doing Business as BOULDER CREEK STEAKHOUSE AND SALOON, Respondent.

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

Decided June 23, 2003.

Ordered that the order is affirmed, with costs.

"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 an inference of negligence" (Guarino v La Shellda Maintenance Corp., 252 A.D.2d 514, 515 [1998]; see also Brandefine...

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