Opinion
March 28, 1995
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
The complaint alleged that defendants caused or allowed the floor of the hallway in which she fell to be in a dangerous condition and that it was overwaxed, slick, slippery and otherwise dangerous. The Supreme Court, noting that plaintiff did not present any evidence of defendants' having actual notice or constrictive notice of the unsafe conditions of the floor, granted defendants' motion for summary judgment. In the bill of particulars, however, it is claimed that defendants created the conditions complained of. And in her affidavit, plaintiff states that she slipped and fell because of the wax on the floor and that her clothes and shoes were covered with wax. It is undenied that defendants applied wax to the floor, though when they did so has not been established. This showing was sufficient to establish a prima facie case (Budrow v. Grand Union Co., 302 N.Y. 804; Garrison v. Lockheed Aircraft Serv., 24 A.D.2d 998; see also, Galler v. Prudential Ins. Co., 63 N.Y.2d 637, 638). Where a showing is made that a defendant caused the dangerous condition, further notice of such condition need not be shown.
Concur — Rubin, J.P., Ross, Nardelli, Williams and Tom, JJ.