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DEMARTINI v. TRUMP 767 5TH AVENUE, LLC

41 A.D.3d 181 (2007)

837 N.Y.S.2d 137

KATHLEEN DEMARTINI, Appellant, v. TRUMP 767 5TH AVENUE, LLC, et al., Respondents, et al., Defendants.

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

Decided June 12, 2007.

The action was properly dismissed in the absence of evidence that the reason for plaintiff's fall was "other than the `inherently slippery' condition of the floor" (Kruimer v National Cleaning Contrs., 256 A.D.2d 1 [1998], citing Murphy v Conner, 84 N.Y.2d 969 [1994]). It does not avail plaintiff that defendants may have had notice of the inherently slippery nature of this marble floor ...

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