Ganapolsky v. Barnes & Noble

The plaintiff was bumped from behind by an unknown third party and fell at the defendant’s book store approximately 45 minutes before a book signing event. The plaintiff contends that the defendant was negligent in managing the crowd at the book signing.

The defendant made a prima facie showing of entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320; Zuckerman v City of New York, 49 NY2d 557). Contrary to the Supreme Court’s determination, the plaintiff failed to raise a triable issue of fact in his opposition papers. There is no evidence that the plaintiffs…