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ADDEO v. METRO. BOTTLING CO.

39 Misc.2d 474 (1963)

Vincenza Addeo, Respondent, et al., Plaintiff, v. Metropolitan Bottling Co. Inc., et al., Appellants.

Supreme Court, Appellate Term, First Department.

May 2, 1963

Attorney(s) appearing for the Case

John A. Anderson and Peter J. Goigel for appellants. Morris Musicant and Israel N. Golden for respondent.

HOFSTADTER and CAPOZZOLI, JJ., concur.

GEORGE TILZER, J. P.

Plaintiff retailer who suffered personal injuries when a bottle of Pepsi-Cola exploded in her grocery store, brought an action for damages for breach of the implied warranties of fitness for consumption and of merchantable quality against the bottler and the distributor of the beverage. The jury found in plaintiff's favor against both the bottler and the distributor in the amount of $1,600...

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