Negri v. Stop and Shop, Inc.
Court of Appeals of the State of New York
480 N.E.2d 740 (1985)
Negri (plaintiff) slipped on broken, dirty jars of baby food on the floor of a Stop and Shop (defendant) store and was injured. A nearby witness heard no jars break in the 15 to 20 minutes before the fall, and evidence showed the aisle had gone uncleaned and uninspected for 50 minutes to two hours beforehand. The jury found for Negri, but the appellate court reversed and dismissed her complaint, concluding there was no evidence Stop and Shop had actual or constructive notice of the hazard.
Whether dismissal of a negligence claim is appropriate where there is evidence the defendant had constructive notice of a dangerous condition that caused the plaintiff's injury and failed to remedy it.