Mallios v. B. Smith's Restaurant
This text of 8 A.D.3d 117 (Mallios v. B. Smith's Restaurant) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
[118]*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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Cite This Page — Counsel Stack
8 A.D.3d 117, 778 N.Y.S.2d 271, 2004 N.Y. App. Div. LEXIS 8351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mallios-v-b-smiths-restaurant-nyappdiv-2004.