Glenn Farrell was injured at a Waldbaum's supermarket after he slipped and fell on some grapes which were on the produce aisle floor. (Farrell supposedly saw two employees stocking the fruit shortly before the accident occurred.)
When Waldbaum's asked for the case's dismissal, on the grounds the company neither created nor knew about the condition, the Queens County Supreme Court denied that request.
Although the store had conducted some general inspections, because there was no evidence the aisle had been cleaned or inspected prior to Farrell's fall, the Appellate Division, Second Department, thought that the case needed to proceed to trial.
That wasn't very fruitful.
To view a copy of the Appellate Division's decision, please use this link: Farrell v. Waldbaum's Inc.