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MALLIOS v. B. SMITH'S RESTAURANT

8 A.D.3d 117 (2004)

778 N.Y.S.2d 271

GLYKERIA MALLIOS, Appellant, v. B. SMITH'S RESTAURANT, Respondent.

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

June 15, 2004.

Plaintiff fails to adduce evidence as to the cause of her fall. Her assumption that she slipped on improperly applied floor wax is unsupported by evidentiary facts (see Caran v Hilton Hotels Corp., 299 A.D.2d 252

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