DeMARTINI v. Triangle Services, Inc., et al., Defendants. (2007)

Judgment, Supreme Court, New York County (Edward H. Lehner, J.), entered August 21, 2006, dismissing the complaint pursuant to an order which, in an action for personal injuries sustained in a slip and fall in the lobby of an office building, insofar as challenged, granted motions for summary judgment by defendants building owner and floor maintenance contractor, unanimously affirmed, without costs.

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 A.D.2d 1, 680 N.Y.S.2d 511 [1998], citing Murphy v. Conner, 84 N.Y.2d 969, 622 N.Y.S.2d 494, 646 N.E.2d 796 [1994] ).   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 N.Y. 377, 381, 70 N.E. 923 [1904] [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.