A personal injury action alleging Barnes & Noble served a customer an unreasonably hot cup of tea with an improperly secured lid at a wobbly table has survived a defense motion for summary judgment because the bookstore neglected to offer evidence on when the table at its cafe was last inspected.

Hassan v. Barnes & Noble Booksellers and Starbucks, 18354/09, arose out of an incident in Brooklyn in which an infant was burned when a hot cup of tea spilled on her. Jenna Hassan, through her father, Naeem Hassan, sought damages against the bookstore, which sold Starbucks products at its in-store café at 267 7th Ave.

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