DeMartini v Trump 767 5th Ave., LLC

2007 NY Slip Op 05163

Decided on June 12, 2007

Appellate Division, First Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 12, 2007
Mazzarelli, J.P., Andrias, Nardelli, Williams, Gonzalez, JJ.
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Index 119944/02






Weitz, Kleinick & Weitz, New York (Jillian Rosen of counsel),
for appellant.
Mischel & Horn, New York (Scott T. Horn of counsel), for
Trump 767 5th Avenue, LLC and Donald J. Trump, respondents.
London Fischer LLP, New York (Richard L. Mendelsohn of
counsel), for Aztec Service Group, respondent.

Judgment, Supreme Court, New York County (Edward H. Lehner, J.), entered August 21, 2006, dismissing the complaint pursuant to an order which, in an action for personal injuries sustained in a slip and fall in the lobby of an office building, insofar as challenged, granted motions for summary judgment by defendants building owner and floor maintenance contractor, unanimously affirmed, without costs.

The action was properly dismissed in the absence of evidence that the reason for plaintiff's fall was "other than the inherently slippery' condition of the floor" (Kruimer v National Cleaning Contrs., 256 AD2d 1 [1998], citing Murphy v Conner, 84 NY2d 969 [1994]). It does not avail plaintiff that defendants may have had notice of the inherently slippery nature of this marble floor (cf. Kline v Abraham, 178 NY 377, 381 [1904] [if marble steps were slippery by reason of their smoothness or polish, that fact was as apparent to plaintiff as to defendants]). We have considered plaintiff's other arguments and find them unavailing.

M-2086-

M-2092Demartini v Trump 767 5th Avenue, LLC, et al.

Motions seeking leave to enlarge record

and file appendix denied.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 12, 2007

CLERK