Negri v. Stop and Shop, Inc.

Decision Date09 May 1985
Citation65 N.Y.2d 625,480 N.E.2d 740,491 N.Y.S.2d 151
Parties, 480 N.E.2d 740 Paquita NEGRI et al., Appellants, v. STOP AND SHOP, INC., Respondent.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURTMEMORANDUM.

The order of the Appellate Division, 107 A.D.2d 738, 484 N.Y.S.2d 100, should be reversed, with costs, and remitted to that court for consideration of the facts and of other issues not previously addressed.

The record contains some evidence tending to show that defendant had constructive notice of a dangerous condition which allegedly caused injuries to its customer.There was testimony that the injured plaintiff, while shopping in defendant's store, fell backward, did not come into contact with the shelves, but hit her head directly on the floor where "a lot of broken jars" of baby food lay; that the baby food was "dirty and messy"; that a witness in the immediate vicinity of the accident did not hear any jars falling from the shelves or otherwise breaking during the 15 or 20 minutes prior to the accident; and that the aisle had not been cleaned or inspected for at least 50 minutes prior to the accident--indeed, some evidence was adduced that it was at least two hours.

Viewing the evidence in a light most favorable to the plaintiffs and according plaintiffs the benefit of every reasonable inference (see, Sagorsky v. Malyon, 307 N.Y. 584, 123 N.E.2d 79), it cannot be said, as a matter of law, that the circumstantial evidence was insufficient to permit the jury to draw the necessary inference that a slippery condition was created by jars of baby food which had fallen and broken a sufficient length of time prior to the accident to permit defendant's employees to discover and remedy the condition.(Cf.Cameron v. Bohack Co., 27 A.D.2d 362, 365, 280 N.Y.S.2d...

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338 cases
  • Bank of Am., N.A. v. Friedman Furs & Fashion, LLC
    • United States
    • New York Supreme Court
    • December 18, 2012
    ...satisfied the requisite burden of proof, the nonmovant is entitled to the benefit of every favorable inference ( see e.g. Negri v. Stop & Shop, 65 N.Y.2d 625 [1985];Louniakov v. M.R.O.D. Realty, 282 A.D.2d 657 [2001] ). Further, “the motion should not be granted where the facts are in dispu......
  • Cruz v. New York City Transit Authority
    • United States
    • New York Supreme Court — Appellate Division
    • March 21, 1988
    ...( see, Schneider v. Kings Highway Hosp. Center, 67 N.Y.2d 743, 745, 500 N.Y.S.2d 95, 490 N.E.2d 1221; Negri v. Stop & Shop, 65 N.Y.2d 625, 626, 480 N.Y.S.2d 151, 480 N.E.2d 740; Iannelli v. Powers, supra, 114 A.D.2d at 160, 498 N.Y.S.2d 377). Examining the evidence in that light, we conclud......
  • Wilson v. Phx. House & Sidney Hargrove
    • United States
    • New York Supreme Court
    • December 10, 2013
    ...in the complaint and review the complaint in the light most favorable to the non-moving party. See Negri v. Stop and Shop, 65 N.Y.2d 625, 491 N.Y.S.2d 151, 480 N.E.2d 740 (1985). Utilizing that analysis, plaintiff makes out a cause of action for housing discrimination based on her disabilit......
  • Black v. Kohl's Dept. Stores, Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • January 13, 2011
    ...on the floor ( see Mueller v. Hannaford Bros. Co., 276 A.D.2d 819, 819-820, 713 N.Y.S.2d 789 [2000]; cf. Negri v. Stop & Shop, 65 N.Y.2d 625, 626, 491 N.Y.S.2d 151, 480 N.E.2d 740 [1985] ). However, constructive notice can also be established by evidence that the property owner was aware of......
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1 books & journal articles
  • There's No Such Thing as Affirmative Duty
    • United States
    • Iowa Law Review No. 104-4, May 2019
    • May 1, 2019
    ...83). 79. Wood v. Groh, 7 P.3d 1163, 1166–67 (Kan. 2000) (discussed in FRANKLIN ET AL., supra note 47, at 71). 80. Negri v. Stop and Shop, Inc., 480 N.E.2d 740, 741 (N.Y. 1985) (discussed in FRANKLIN ET AL., supra note 47, at 88); Gordon v. Am. Museum of Nat. History, 492 N.E.2d 774, 774 (N.......

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