Appellate Division of the Supreme Court of New York, 1997

Savage v. Oyster Bay Columbians, Inc.

Appellate Division of the Supreme Court of New York · Decided November 17, 1997

244 A.D.2d 472; 665 N.Y.S.2d 918; 1997 N.Y. App. Div. LEXIS 11603

Cases that cite this one

2 later published cases cite this decision.

Gutnick v. Hebrew Free Burial Socy. for the Poor of the City of Brooklyn (Appellate Division of the Supreme Court of New York 2021)
Guarino v. La Shellda Maintenance Corp. (Appellate Division of the Supreme Court of New York 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (DiNoto, J.), entered October 9, 1996, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In this slip and fall case, the affidavit of the plaintiffs’ expert contained nothing more than mere surmise and conjecture. It was therefore insufficient to demonstrate the existence of a triable issue of fact as to whether the floor upon which the plaintiff Arlene Savage slipped was improperly waxed (see, Alvarez v Prospect Hosp., 68 NY2d 320; Zuckerman v City of New York, 49 NY2d 557; see also, Borelli v 1051 Realty Corp., 242 AD2d 517; Beary v Waterview Nursing Care Ctr., 242 AD2d 516).

*473We note that the plaintiffs have abandoned on appeal any contention that the defendants had notice, actual or constructive, of the condition, and rely solely on their allegation that the defendants created the condition complained of.

The plaintiffs’ remaining contentions are academic in light of this determination. Pizzuto, J. P., Santucci, Joy and Florio, JJ., concur.

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