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Negri v. Stop and Shop, Inc.

Court of Appeals of the State of New York
480 N.E.2d 740 (1985)


Facts

Paquita Negri (plaintiff) slipped and fell while shopping at one of Stop and Shop, Inc.’s (defendant’s) grocery stores. On the floor where Negri slipped were broken jars of baby food, which were dirty and messy. Negri hit her head on the floor as a result of the fall and suffered injuries. A witness in the immediate area of Negri's fall did not hear any jars fall or break in the 15 to 20 minutes before Negri fell. There was also evidence that the aisle had not been cleaned or inspected for between 50 minutes and at least two hours prior to the accident. At trial, Stop and Shop moved to dismiss Negri's claims at the close of Negri's case in chief and after Stop and Shop had presented its evidence. The trial court denied both motions, and the jury found in Negri's favor. The appellate court reversed the judgment and dismissed Negri's complaint, holding that the evidence presented at trial failed to raise a question of fact for the jury about whether Stop and Shop had actual or constructive notice of a defective condition. Negri appealed to the New York Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Memorandum)

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