WALSH v. SUPER VALUE, INC.

2008-04831

76 A.D.3d 371 (2010)

904 N.Y.S.2d 121

KIMBERLY L. WALSH, Appellant, v. SUPER VALUE, INC., Doing Business as SHELL FOOD MART, et al., Defendants/Third-Party Plaintiffs-Respondents, IMAGE POINT, INC., Defendant/Third-Party Defendant/Second Third-Party Plaintiff-Respondent, TC INDUSTRIAL PAINTING, INC., Defendant/Second Third-Party Defendant-Respondent, and SHELL OIL COMPANY et al., Respondents.

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

Decided June 22, 2010.


Attorney(s) appearing for the Case

Birbrower Beldock & Margolis, P.C. (Pollack, Pollack, Isaac & De Cicco, New York City [ Brian J. Isaac and Diane K. Toner ], of counsel), for appellant.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains ( Debra A. Adler and Patrick D. Geraghty of counsel), for defendants/third-party plaintiffs-respondents.

Sedgwick, Detert, Moran & Arnold LLP, New York City ( Scott L. Haworth and Nora Coleman of counsel), for defendant/third-party defendant/second third-party plaintiff.

Ryan & Conlon, LLP, New York City ( William F. Ryan of counsel), for Shell Oil Company and another, defendants-respondents.

BALKIN, HALL and AUSTIN, JJ., concur.


OPINION OF THE COURT

FISHER, J.P.

On this appeal, we are called upon to reexamine a line of authority dealing with the liability of property owners who, by applying wax, polish, or paint to a floor, make it dangerously slippery. We are also presented with the more general but related question of whether a defendant may be held liable for having unknowingly created a dangerous or defective condition on property. We hold that, absent a statute imposing strict...

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