From Casetext: Smarter Legal Research

Sapinkopf v. Host

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 512 (N.Y. App. Div. 1996)

Opinion

February 13, 1996

Appeal from the Supreme Court, Queens County (Lonschein, J.).


Ordered that the order entered September 27, 1994, is affirmed; and it is further,

Ordered that the appeal from the order entered February 2, 1995, is dismissed; and it is further,

Ordered that the respondents are awarded one bill of costs.

The plaintiff Libby Sapinkopf allegedly slipped and fell in the hallway of Booth Memorial Hospital in Queens. She and her husband commenced this action against the parties responsible for the maintenance of the hallway on the theory that the floor was slippery due to the use of incorrect wax and/or the negligent application and/or maintenance of the wax. However, in response to the defendants' motion for summary judgment, the plaintiffs merely proffered evidence that the floor was slippery. This Court has stated: "The 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" (Silver v. Brodsky, 112 A.D.2d 213, 214; see also, Galler v. Prudential Ins. Co., 63 N.Y.2d 637; Calabrese v. B.P.O. Elks Lodge #744, 215 A.D.2d 345; Pizzi v Bradlees's Div., 172 A.D.2d 504 ). Thus, the defendants' motion for summary judgment was properly granted.

The plaintiffs' motion, denominated as one for reargument and renewal, was in actuality one for reargument (see, Matthews v New York City Hous. Auth., 210 A.D.2d 205). An order denying such a motion is not appealable (see, Matthews v. New York City Hous. Auth., supra). Balletta, J.P., Ritter, Altman and Hart, JJ., concur.


Summaries of

Sapinkopf v. Host

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 512 (N.Y. App. Div. 1996)
Case details for

Sapinkopf v. Host

Case Details

Full title:LIBBY SAPINKOPF et al., Appellants, v. MARRIOTT HOST et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 13, 1996

Citations

224 A.D.2d 512 (N.Y. App. Div. 1996)
638 N.Y.S.2d 153

Citing Cases

Toth v. Pergament Home Center

Ordered that the order is affirmed, with costs. In order to establish a prima facie case of negligence in a…

O'Connor v. ISS International Service System, Inc.

In opposition, plaintiff relied on her conclusory opinion that there was an excessive amount of wax on the…