## Facts

- Paquita Negri, a customer in a Stop & Shop supermarket, fell backward in an aisle and struck her head on the floor.
- Negri fell where there were many broken jars of baby food and spilled contents on the floor; she did not collide with shelving.
- The spill and debris were described as “dirty and messy.”
- A nearby witness testified she did not hear jars fall or break during the 15–20 minutes before the fall.
- Evidence indicated the aisle had not been cleaned or inspected for at least 50 minutes, and possibly as long as two hours.
- Negri sued, alleging the store negligently failed to discover and remedy the condition and had constructive notice of it.

## Issues

1. Whether the circumstantial evidence was legally sufficient to permit a jury to infer that the store had constructive notice of the dangerous condition for enough time to discover and correct it.

## Decision

- The Court of Appeals reversed the Appellate Division’s order that had dismissed the complaint.
- The court held the circumstantial evidence permitted a reasonable inference that the condition existed long enough to charge the store with constructive notice.
- The case was remitted to the Appellate Division to consider the facts and other issues not previously addressed.
- The court stated that if the Appellate Division viewed the verdict as against the weight of the evidence, the proper remedy was a new trial, not dismissal.

## Legal Principles

- A plaintiff may prove constructive notice in premises-liability cases through circumstantial evidence that supports a reasonable inference the condition existed long enough to be discovered and remedied.
- In reviewing legal sufficiency after a jury verdict for the plaintiff, courts must view the evidence in the light most favorable to the plaintiff and give the plaintiff the benefit of every reasonable inference.
- Legal sufficiency (whether a prima facie case exists) is distinct from weight of the evidence; an appellate court that disagrees with the verdict on weight grounds should order a new trial rather than dismiss when a prima facie case was shown.

## Conclusion

The court held that evidence of a dirty, messy spill, lack of recent breaking sounds, and a substantial gap in inspections was sufficient for a jury to infer constructive notice, making dismissal improper and requiring further appellate consideration consistent with that standard.


Negri v. Stop & Shop, Inc., 65 N.Y.2d 625 (N.Y. 1985)