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SANCHEZ v. BARNES & NOBLE, INC.

59 A.D.3d 699 (2009)

___ N.Y.S.2d ___

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

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 24, 2009.

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 plaintiff's injury (see Gordon v American Museum of Natural...

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