CARAN v. HILTON HOTELS CORPORATION

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Supreme Court, Appellate Division, First Department, New York.

Evangelia CARAN, Plaintiff-Appellant, v. HILTON HOTELS CORPORATION, et al., Defendants-Respondents.

Decided: November 21, 2002

NARDELLI, J.P., MAZZARELLI, SULLIVAN, ELLERIN, and MARLOW, JJ. Geoffrey R. Mazel, for Plaintiff-Appellant. Kenneth J. Platzer, for Defendants-Respondents.

Order, Supreme Court, New York County (Paula Omansky, J.), entered on or about May 9, 2001, which, in an action for personal injuries sustained when plaintiff slipped and fell on the floor of defendants' hotel, granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff's assertion that the slippery condition of the floor was created by excessive or improper waxing is based on nothing more than her observation that the floor was “shiny.”   Since neither smoothness nor slipperiness, without more, permits an inference of negligent waxing or polishing, the action was properly dismissed (see Murphy v. Conner, 84 N.Y.2d 969, 971-972, 622 N.Y.S.2d 494, 646 N.E.2d 796;  Aguilar v. Transworld Maintenance Servs., 267 A.D.2d 85, 699 N.Y.S.2d 685, lv. denied 94 N.Y.2d 762, 708 N.Y.S.2d 51, 729 N.E.2d 708;  Malmut v. Lindenwood Vil. Coop. Corp., 272 A.D.2d 528, 708 N.Y.S.2d 442).   Plaintiff has had ample opportunity to pursue the disclosure of defendants' maintenance practices and records she claims to need (see Cooper v. 6 W. 20th St. Tenants Corp., 258 A.D.2d 362, 363, 685 N.Y.S.2d 245).