Opinion
2001-09547
Argued September 5, 2002.
September 24, 2002.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Belen, J.), dated October 11, 2001, which denied its motion for summary judgment dismissing the complaint.
McAndrew, Conboy Prisco, Woodbury, N.Y. (Mary C. Villeck and Robert M. Ortiz of counsel), for appellant.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, STEPHEN G. CRANE, WILLIAM F. MASTRO, JJ.
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
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 N.Y.2d 320; Zuckerman v. City of New York, 49 N.Y.2d 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 plaintiff's freedom of movement was unduly restricted by the crowd or that the crowd was unruly and unmanageable to the extent necessary to impose liability on the defendant (see Gordon v. New York City Transit Auth., 267 A.D.2d 201; Palmieri v. Ringling Bros., 237 A.D.2d 589; Hsieh v. New York City Transit Auth., 216 A.D.2d 531; Palermo v. New York City Transit Auth., 141 A.D.2d 809). Consequently, the defendant's motion for summary judgment dismissing the complaint should have been granted.
FLORIO, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.