In Mary Purcell v. York Building Maintenance Corp. , Mary Purcell sued York Building Maintenance Corporation -- a janitorial service contractor -- for injuries suffered in a "slip and fall."
When the New York County Supreme Court denied York Building's dismissal request, an appeal to the Appellate Division, First Department, followed.
Although Purcell testified the floor on which she slipped was "very shiny" and "over waxed," and after her fall, a carpet and yellow "caution" sign were placed on the floor, the AD1 was of the view that testimony, without more, failed to support an inference of "negligent waxing or polishing."
Clearly, Purcell's case could have used a little more polish.
For a copy of the Appellate Division's decision, please use this link: Mary Purcell v. York Building Maintenance Corp.