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DEMARTINI v. TRUMP

Appellate Division of the Supreme Court of New York, First Department.
Jun 12, 2007
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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 AD2d 1, citing Murphy v Conner, 84 NY2d 969). It does not avail plaintiff that defendants may have had notice of the inherently slippery nature of this marble floor ( cf. Kline v Abraham, 178 NY 377, 381 [if marble steps were slippery by reason of their smoothness or polish, that fact was as apparent to plaintiff as to defendants]). We have considered plaintiff's other arguments and find them unavailing.