Appellate Division of the Supreme Court of New York, 2004

Mallios v. B. Smith's Restaurant

Mallios v. B. Smith's Restaurant
Appellate Division of the Supreme Court of New York · Decided June 15, 2004
8 A.D.3d 117; 778 N.Y.S.2d 271; 2004 N.Y. App. Div. LEXIS 8351
Mallios v. B. Smith's Restaurant

Opinion of the Court

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered September 3, 2003, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

*118Plaintiff fails to adduce evidence as to the cause of her fall. Her assumption that she slipped on improperly applied floor wax is unsupported by evidentiary facts (see Caran v Hilton Hotels Corp., 299 AD2d 252 [2002]). Concur—Tom, J.P., Saxe, Ellerin, Marlow and Catterson, JJ.

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