Mallios v B. Smith's Rest. (2004 NY Slip Op 05164)

Mallios v B. Smith's Rest.

2004 NY Slip Op 05164 [8 AD3d 117]

June 15, 2004

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, August 25, 2004

Glykeria Mallios, Appellant,
v
B. Smith's Restaurant, Respondent.

—[*1]Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered September 3, 2003, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff fails to adduce evidence as to the cause of her fall. Her assumption that she slipped on improperly applied floor wax is unsupported by evidentiary facts (see Caran v Hilton Hotels Corp., 299 AD2d 252 [2002]). Concur—Tom, J.P., Saxe, Ellerin, Marlow and Catterson, JJ.