GILLESPIE v. ATL. & PAC. TEA CO.


44 Misc.2d 670 (1964)

Alvis B. Gillespie et al., Plaintiffs, v. Great Atlantic & Pacific Tea Company, Defendant, and Third-Party Defendants. George M. O'Neill, Jr., et al., Third-Party Defendants.

Supreme Court, Special Term, Westchester County.

December 1, 1964


Attorney(s) appearing for the Case

Harold Weiss for plaintiffs. Bleakley, Platt, Schmidt & Walker for Great Atlantic & Pacific Tea Company, defendant. Clark, Gagliardi, Gallagher & Smyth for O'Neil Distributing Co., third-party defendant.


FRANK H. COYNE, J.

This action was brought against the defendant retailer to recover damages for personal injuries sustained by a former infant resulting from a breach of warranty in the sale of a six-pack of Schweppes Quinine Water. The retailer brought a third-party action against the defendant distributor. The jury returned a verdict of $20,000 against the retailer on the former infant's cause of action for pain and suffering and in favor of her father...

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