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PERAGINE v. ESPOSITO

17 Misc.2d 621 (1959)

Nicholas Peragine, Plaintiff, v. Lillian Esposito, Doing Business as Lilliana's, Respondent, and Canada Dry Ginger Ale, Inc., Appellant. Canada Dry Ginger Ale, Incorporated, Third-Party Plaintiff-Appellant, v. Owens-Illinois Glass Co., Third-Party Defendant-Respondent.

Supreme Court, Appellate Term, First Department.

January 8, 1959.

Attorney(s) appearing for the Case

Garvey & Conway (Lillian E. Cuff of counsel), for Canada Dry Ginger Ale, Inc., appellant.

Emanuel Morgenbesser and Lester Samuels for Lillian Esposito, respondent.

Bert W. Hendrickson and James J. McDermott, Jr., for Owens-Illinois Glass Co., respondent.

HECHT, J. P., and STEUER, J., concur in Per Curiam opinion; TILZER, J., dissents and votes to affirm.

Per Curiam.

Plaintiff, a patron in defendant Esposito's restaurant, was injuried by the explosion of a bottle of ginger ale. Plaintiff did not order the ginger ale and was not being served with it, nor was anyone connected with him. Plaintiff sued Esposito and waived a jury. The court found in favor of plaintiff. This result necessarily involves the finding that Esposito was negligent. Plaintiff also sued Canada Dry...

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