| Sanchez v Barnes & Noble, Inc. |
| 2009 NY Slip Op 01463 [59 AD3d 699] |
| February 24, 2009 |
| Appellate Division, Second Department |
| Derlin Sanchez, Appellant, v Barnes & Noble, Inc.,Respondent, et al., Defendants. |
—[*1] McAndrew, Conboy & Prisco, Woodbury, N.Y. (Mary C. Azzaretto of counsel), forrespondent and defendant B. Dalton Book Sellers, Inc. Jeffrey Samel, New York, N.Y. (Judah Z. Cohen of counsel), for defendant Amtech Lighting& Electrical Services.
In an action to recover damages for personal injuries, etc., the plaintiff appeals, as limited byhis brief, from so much of an order of the Supreme Court, Suffolk County (R. Doyle, J.), enteredSeptember 24, 2007, as granted that branch of the cross motion of the defendant Barnes &Noble, Inc., which was for summary judgment dismissing the complaint insofar as assertedagainst it.
Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable bythe plaintiff to the defendant Barnes & Noble, Inc.
The defendant Barnes & Noble, Inc. (hereinafter Barnes & Noble), established its primafacie entitlement to judgment as a matter of law by showing that it neither created nor had actualor constructive notice of the alleged defect which caused the plaintiff's injury (see Gordon vAmerican Museum of Natural History, 67 NY2d 836, 837 [1986]). In opposition to thatshowing, the plaintiff failed to raise a triable issue of fact. Accordingly, the Supreme Court didnot err in granting that branch of Barnes & Noble's cross motion which was for summaryjudgment dismissing the complaint insofar as asserted against it (see generally Alvarez vProspect Hosp., 68 NY2d 320, 324 [1986]). Mastro, J.P., Florio, Eng and Chambers, JJ.,concur. [See 2007 NY Slip Op 32949(U).]