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DAVIES v. CITY OF NEW YORK

39 A.D.3d 390 (2007)

836 N.Y.S.2d 16

ROSE DAVIES, Respondent, v. CITY OF NEW YORK, Defendant, and MARY MITCHELL YOUTH CENTER, Appellant.

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

Decided April 24, 2007.

Plaintiff's claim that appellant created the slippery condition of the floor on which plaintiff slipped by excessive waxing rests only on her observation that the floor was "shiny." Such evidence, without more, does not permit an inference of negligent waxing (Caran v Hilton Hotels Corp., 299 A.D.2d 252 [2002], lv dismissed 3 N.Y.3d 693

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