AGUILAR v. TRANSWORLD MAINTENANCE SERVICE

It is well settled that the mere fact that stairs are slippery by reason of their smoothness or polish does not give rise to a cause of action or an inference of negligence in the absence of proof that the wax was negligently applied (Murphy v. Conner, 84 N.Y.2d 969;Kline v. Abraham, 178 N.Y. 377; Marku v. 33 S P Realty Corp., 251 A.D.2d 633; Madden v. New York Hosp., 235 A.D.2d 245; Thomas v. Caldor's, 224 A.D.2d 171; Katz v. New York Hosp., 170 A.D.2d 345;Lowrey v. Cumberland Farms, 162 A.D.2d 777;Nelson v. Salem Danish Lutheran Church, 270 A.D. 1030, affd 296 N.Y. 870). Here, plaintiff Mary Aguilar's conclusory claim that she "felt" wax was insufficient, without more, to establish that defendant was negligent (compare, Murphy v. Conner, supra; Ullman v. Cohn, 248 A.D.2d 200; Thomas v. Caldor's, supra; Panagakos v. Greek Archdiocese, 213 A.D.2d 336; Nelson v. Salem Danish Lutheran Church,supra).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.