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Paddock v. Church of St. Barnabas

Appellate Division of the Supreme Court of New York, First Department
Sep 30, 1965
24 A.D.2d 716 (N.Y. App. Div. 1965)

Opinion

September 30, 1965


Judgment in favor of plaintiffs unanimously reversed, on the law, and the complaint dismissed, with $50 costs to appellant. Absent from this record, although read most favorably to plaintiffs, is any evidence from which a jury could reasonably find negligent application of the wax, or that the floor became more slippery or otherwise dangerous, as a result of the wax being applied when the floor was dirty. "The fact that a floor is slippery by reason of its smoothness or polish, in the absence of proof of negligent application of the wax or polish, does not give rise to a cause of action. ( Nelson v. Salem Danish Lutheran Church, 270 App. Div. 1030, affd. 296 N.Y. 870)" ( Iorio v. Rockland Light Power Co., 274 App. Div. 791; Elias v. Heller, 23 Misc.2d 201, affd. 16 A.D.2d 760.) The cases cited by plaintiffs involved abnormalities of floor surface not present here.

Concur — Botein, P.J., McNally, Stevens, Eager and Steuer, JJ.


Summaries of

Paddock v. Church of St. Barnabas

Appellate Division of the Supreme Court of New York, First Department
Sep 30, 1965
24 A.D.2d 716 (N.Y. App. Div. 1965)
Case details for

Paddock v. Church of St. Barnabas

Case Details

Full title:SUSAN PADDOCK, an Infant, by MARGARET PADDOCK, Her Guardian ad Litem, et…

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

Date published: Sep 30, 1965

Citations

24 A.D.2d 716 (N.Y. App. Div. 1965)

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