Opinion
April 15, 1996
Appeal from the Supreme Court, Kings County (Shaw, J.).
Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment is granted, and the complaint is dismissed.
The plaintiffs brought this action to recover damages for personal injuries sustained by the infant plaintiff, who fell while playing dodgeball during a physical education class. According to the infant plaintiff, he fell because of the slippery condition of the gymnasium floor.
The Supreme Court improperly denied the defendant's motion for summary judgment. This Court has previously held that "`[t]he fact that a floor is slippery by reason of its smoothness or polish, in the absence of a negligent application of wax or polish, does not give rise to a cause of action or give rise to an inference of negligence'" ( Pizzi v. Bradlee's Div. of Stop Shop, 172 A.D.2d 504, 505-506, quoting Silver v. Brodsky, 112 A.D.2d 213, 214; see, Galler v. Prudential Ins. Co., 63 N.Y.2d 637). Since there is no evidence in the record that the wax that was allegedly applied to the gymnasium floor was negligently applied, the defendant's motion for summary judgment should have been granted (Pizzi v. Bradlee's Div. of Stop Shop, supra). Moreover, there is no evidence in the record of negligent supervision ( see, Tobin v. Hewlett Branch Athletes, 2 A.D.2d 758). Sullivan, J.P., Copertino, Santucci and Goldstein, JJ., concur.