In Burgos v. 205 E.D. Food Corp., 61 A.D.3d 403 (1st Dept. 2009) the plaintiff allegedly tripped and fell over a box of tangerines the size of a supermarket shopping basket, which the Appellate Division, First Department, found could "constitute a dangerous condition," and ruled that there was an "issue of fact as to whether defendant supermarket created or had notice of this condition" that "was raised by the testimony of plaintiff and a nonparty witness that there were always boxes in the aisles."