Legal Opinion

Willis v. Barnes and Noble, Inc.

Appellate Terms of the Supreme Court of New York

Decided February 20, 2007Published

1Opinion of the Court

*28OPINION OF THE COURT

2Per curiam

Order, dated April 26, 2006, reversed, with $10 costs, defendant’s motion for summary judgment dismissing the complaint is granted and plaintiffs’ cross motion for leave to amend their bill of particulars is denied as academic. The clerk is directed to enter judgment accordingly.

The negligence action seeks damages for personal injuries allegedly sustained by the infant plaintiff when, on July 7, 2001, she fell and struck her head on a wooden bench in the children’s section of defendant’s bookstore. In her October 2004 deposition testimony plaintiffs mother stated that she…

3Cases cited7 opinions

  1. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  2. Centeno v. Regine's Originals, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Cherry v. Hofstra UniversityAppellate Division of the Supreme Court of the State of New York · 2000
  4. Fabian v. Sunbury Footaction, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  5. Chaney v. Abyssinian Baptist ChurchAppellate Division of the Supreme Court of the State of New York · 1998

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