Opinion
Argued April 7, 2000.
May 22, 2000.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Polizzi, J.), dated October 25, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.
Jack Baum, P.C., Brooklyn, N.Y., for appellants.
Morrison, Mahoney Miller, New York, N.Y. (Philip H. Ziegler of counsel), for respondent.
Before: WILLIAM D. FRIEDMANN, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The injured plaintiff alleges that she slipped and fell in the hallway of the defendant's apartment building as a result of a negligently-waxed floor. The Supreme Court granted the defendant's motion for summary judgment. We affirm.
It is well settled that in the absence of a negligent application of wax or polish, a slippery condition on a waxed floor by reason of its smoothness or polish does not give rise to a cause of action in negligence (see, Werner v. Neary, 264 A.D.2d 731; Mroz v. Ella Corp., 262 A.D.2d 465). The plaintiffs' conclusory and unsubstantiated allegations that the floor was over-waxed and exceptionally shiny for a week prior to the accident failed to raise an issue of fact concerning an alleged negligent application of wax (see, Pizzi v. Bradlee's Div. of Stop Shop, 172 A.D.2d 504; Silva v. American Irving Sav. Bank, 26 N.Y.2d 727). Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment.
FRIEDMANN, J.P., KRAUSMAN, LUCIANO and SCHMIDT, JJ., concur.