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PURCELL v. YORK BLDG. MAINTENANCE CORP.

57 A.D.3d 210 (2008)

869 N.Y.S.2d 32

MARY PURCELL, Respondent, v. YORK BUILDING MAINTENANCE CORP., Appellant, et al., Defendant.

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

December 2, 2008.

Plaintiff's deposition testimony that the floor on which she slipped was "very shiny" and "over waxed," without more, does not support an inference of negligent waxing or polishing (see Davies v City of New York, 39 A.D.3d 390 [2007], lv denied 9 N.Y.3d 808 [2007].) Nor may such inference be made on the basis of plaintiff's testimony that a carpet and a yellow "caution" or "slippery" sign were placed on the floor shortly after...

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