OPINION AND ORDER Plaintiff Katherine Wilson (“Plaintiff”) commenced this action against Defendant Wal-Mart Stores East L.P. (“Defendant”) to recover for personal injuries allegedly suffered by Plaintiff when a sign collapsed on her in Defendant’s store in White Plains, New York (the “Wal-Mart Store”) on May 24, 2016.1 (Docket No. 2). Plaintiff filed her Complaint on August 30, 2016 in the Supreme Court of the State of New York, County of Westchester. (Docket No. 2). Defendant removed the action to this Court pursuant to 28 U.S.C. §§1332, 1441 and 1446. (Docket No. 2). Before this Court is Defendant’s Motion for Summary Judgment, dated November 22, 2017, pursuant to Rule 56 of the Federal Rules of Civil Procedure (“Motion”). (Docket No. 20). Plaintiff opposed the Motion on January 10, 2018, (Docket No. 28), and Defendant replied on January 16, 2018, (Docket No. 30). For the reasons set forth below, the Court grants Defendant’s Motion.2I. BACKGROUNDThe following facts are taken from Defendant’s Statement of Material Facts submitted pursuant to Local Rule 56.1 of the United States District Courts for the Southern and Eastern Districts of New York, (“Def. 56.1″),3 (Docket No. 22), the parties’ exhibits, and the pleadings submitted by the parties in support of their contentions.4 The facts are construed “in the light most favorable to” Plaintiff as the party opposing summary judgment. Wandering Dago, Inc. v. Destito, 879 F.3d 20, 30 (2d Cir. 2018).On May 24, 2016, Plaintiff visited the Wal-Mart Store located at 275 Main Street in White Plains, New York with her two grandchildren. (Def. 56.16; Wilson Dep. at 9:7-12). While shopping, Plaintiff saw a bin filled with loose DVDs in the middle of an aisle in the Wal-Mart Store’s electronics department. (Def. 56.1
7, 31; Wilson Dep. at 12:7-13:20; Dabare Dep. at 20:24-21:3). There was a pole in the middle of the bin holding up a plastic sign, which stated the DVDs were on sale for five dollars. (Def. 56.18; Wilson Dep. at 16:3-21; 20:4-25). Plaintiff shopped in the bin for approximately four minutes. (Def. 56.19; Wilson Dep. at 21:12-16). Plaintiff dug through the DVDs in the bin and testified: “As I was pulling — I was like sorting through, and I guess I was tossing some to the side to get to the bottom, and all of a sudden the pole just gave way and came crashing down.” (Def. 56.111; Wilson Dep. at 23:17-22). Plaintiff was looking down into the bin while digging through the DVDs. (Def. 56.112; Wilson Dep. at 26:14-25). She testified that the pole moved forward or shifted, but she never saw the pole move. (Def. 56.1
