Appellate Division of the Supreme Court of the State of New York June 24, 1963 (Horowitz v. B & S Caterers, Inc.)

In an action to recover damages for personal injury sustained by plaintiff, who was a guest at a Bar Mitzvah party given by the third-party defendant and catered by the defendant and third-party plaintiff upon premises controlled by it, when plaintiff allegedly fell on the highly polished waxed floor upon which there was an accumulation of wax, the said defendant and third-party plaintiff