Appellate Division of the Supreme Court of the State of New York November 23, 1954 (Phillips v. 630 McKinley Square Corp.)

lead-opinion

Per Curiam.

Recovery here is claimed to be justified by the fact that the sidewalk had been painted and was slippery when wet by rain. The paint had been applied long before the accident and was thoroughly dry and somewhat worn. No proof was adduced to establish that the paint was in anywise defective or contained improper materials or had been improperly applied.