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ESTHER BEYDA, Respondent, v. HELMSLEY ENTERPRISES, INC., et al., Defendants, and MARBLE TERRAZO POLISHING CORP., Appellant.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the defendant Marble Terrazo Polishing Corp., and the action against the remaining defendants is severed.

The plaintiff contends that the appellant was negligent in applying wax or polish to its floor which created a slippery condition causing her to fall and sustain injuries. However, the plaintiff failed to present evidence in support of her contention. The affidavit of the plaintiff's engineering expert failed to show that the appellant did not conform to relevant industry standards ( see, Murphy v. Conner, 84 N.Y.2d 969, 972; Trimarco v. Klein, 56 N.Y.2d 98, 106-107). Accordingly, the plaintiff's contention does not give rise to an inference of negligence ( see, Kline v. Abraham, 178 N.Y. 377, 380-381; Calabrese v. B.P.O. Elks Lodge #744, 215 A.D.2d 345, 346; Pizzi v. Bradlee's Div. of Stop Shop, 172 A.D.2d 504; Silver v. Brodsky, 112 A.D.2d 213).

Bracken, J. P., Pizzuto, Altman, Krausman and Lerner, JJ., concur.

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BEYDA v. HELMSLEY ENTERPRISES
(Dec 22, 1997)