Negri v. Stop And Shop, Inc.,

65 N.Y. 2d 625, 480 N.E. 2d 740, 491 N.Y.S. 2d 151 (1985)

Facts

While shopping at Stop and Shop (D), Negri (P) slipped and hit her head on the floor where there were some broken jars of baby food. The baby food was described as 'dirty and messy,' and a witness did not hear any jars falling or breaking for 15 or 20 minutes prior to the accident. The aisle had not been cleaned for 50 minutes to two hours prior to the accident. The trial court found for P. Appellate Division reversed and dismissed the complaint. P appealed.