Practice point: Deposition testimony that the floor on which plaintiff slipped was "very shiny" and "overwaxed," without more, does not support an inference of negligent waxing or polishing.
Practitioners should note that no inference of negligence can be drawn from the fact that, after plaintiff fell, a carpet and a warning sign were placed on the floor.
Case: Purcell v. York Bldg. Maintenance Corp., NY Slip Op 09439 (1st Dept. 2008)
The opinion is here.
