NEGRI v. STOP & SHOP, INC.


107 A.D.2d 738 (1985)

Paquita Negri et al., Respondents, v. Stop and Shop, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 22, 1985


Amended judgment reversed, on the law, without costs or disbursements, and complaint dismissed.

Defendant's motions to dismiss plaintiffs' complaint at the close of plaintiffs' case and after the defense rested (CPLR 4401) were improperly denied. Plaintiffs' theory of recovery was that Paquita Negri slipped and fell on a jar of baby food which had broken and splattered in the aisle of defendant supermarket. However, the...

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