Opinion
Argued October 19, 1966
Decided November 22, 1966
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, D. ORMONDE RITCHIE, J.
William F. McNulty and Patrick F. Adams for appellant.
Benjamin H. Siff for respondents.
Judgment affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges FULD, BURKE, SCILEPPI, BERGAN and KEATING. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the complaint upon the ground that there is no evidence of negligence on the part of defendant. The mere fact that a rug is not nailed to a waxed floor or placed on a rubber or other nonskid mat does not, in my view, create a question of fact for a jury.