Opinion
December 19, 1949.
Present — Nolan, P.J., Carswell, Johnston, Adel and Sneed, JJ.
Appeal by plaintiffs, husband and wife, from a judgment dismissing their complaint, on motion made by defendant, at the close of the plaintiffs' case. Plaintiffs were tenants in an apartment building owned by defendant. The plaintiff wife, leaving the building at 10:00 A.M., saw the janitor washing the terrazzo floor of the ground floor hall or vestibule, using soapy water and a mop. As she approached, he was washing the left side of the hall, which was eight feet wide, and he waved to her to pass on the right side, saying, "It is all right." After she passed him, walking slowly, she slipped on a wet portion of the floor and fell, sustaining the injuries for which damages were sought. It appears that the place where she fell was in the immediate vicinity of the place where the janitor was then engaged in washing. Judgment unanimously affirmed, with costs. In our opinion there was no proof of negligence on the part of defendant. ( Samuels v. Terry Holding Co., 227 App. Div. 68, affd. 253 N.Y. 593; Wigdorowitz v. Abrahams, 237 App. Div. 81. )