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BURGOS v. 205 E.D. FOOD CORPORATION

61 A.D.3d 403 (2009)

876 N.Y.S.2d 381

MARIA S. BURGOS, Respondent, v. 205 E.D. FOOD CORPORATION, Doing Business as C-TOWN, et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 2, 2009.

Plaintiff allegedly tripped and fell over a box of tangerines the size of a supermarket shopping basket. Such a box can constitute a dangerous condition (see Westbrook v WR Activities-Cabrera Mkts., 5 A.D.3d 69, 75 [2004]). An issue of fact as to whether defendant supermarket created or had notice of this condition was raised by the testimony of plaintiff and a nonparty witness that there were always boxes in the aisles (see Colt...

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