June 28, 2007

Plaintiff alleged that she slipped and fell on a "shiny, slippery" floor in the south wing of the Port Authority Bus Terminal. She did not recall seeing any water or debris at the time of the fall, and the accident report stated that the area was clean and dry. In a report based on an inspection of the area almost a year after the accident, plaintiff's expert said that that the floor had been slippery because it was made of ceramic tile and was covered with a polyurethane coating. The First Department granted defendant's motion to dismiss, in Kudrov v. Laro Servs. Sys., Inc., which was decided on June 26, 2007. "Absent proof of the negligent application of wax or polish, the fact that a floor is slippery by reason of its smoothness or having been polished does not give rise to an inference of negligence." The court found evidence sufficient to demonstrate that the floor had been waxed and was dry before the area was opened to the public.