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.