AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

DERLIN SANCHEZ, Appellant, v. BARNES NOBLE, INC., Respondent, et al., Defendants.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable by the plaintiff to the defendant Barnes Noble, Inc.

The defendant Barnes Noble, Inc. (hereinafter Barnes Noble), established its prima facie entitlement to judgment as a matter of law by showing that it neither created nor had actual or constructive notice of the alleged defect which caused the plaintiffs injury ( see Gordon v American Museum of Natural History, 67 NY2d 836, 837). In opposition to that showing, the plaintiff failed to raise a triable issue of fact. Accordingly, the Supreme Court did not err in granting that branch of Barnes Noble's cross motion which was for summary judgment dismissing the complaint insofar as asserted against it ( see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324).

[ See 2007 NY Slip Op 32949(U).]

Use AI to get other relevant cases.

Comments

SANCHEZ v. BARNES NOBLE
(Feb 24, 2009)