Opinion
January 6, 1998
Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).
The action was properly dismissed in the absence of evidence that defendant landlord had mopped the floor or otherwise created the wet condition that allegedly caused plaintiff tenant to slip and fall, or had actual or constructive notice of such condition ( compare, Crosby v. Ogden Servs. Corp., 236 A.D.2d 220; O'Connor-Miele v. Barhite Holzinger, 234 A.D.2d 106). The doctrine of res ipsa loquitur is not applicable to the facts presented ( see, Anderson v. 35 W. 23rd St. Condominium, 240 A.D.2d 446).
Concur — Sullivan, J.P., Rosenberger, Wallach, Rubin and Tom, JJ.