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CROBAK v. PEPSI-COLA BOTTLING CO.

50 Misc.2d 908 (1966)

Brent Crobak, an Infant, by His Father, Frank G. Crobak, et al., Plaintiffs, v. Pepsi-Cola Metropolitan Bottling Co., Inc., et al., Defendants.

Supreme Court, Special Term, Queens County.

June 9, 1966

Attorney(s) appearing for the Case

Herz & Ryder for plaintiffs. Hartsell & Harrington for Rockaway Beverage Distributors, Inc., defendant and third-party plaintiff. Henry A. Abrams for Pepsi-Cola Metropolitan Bottling Co. Inc., defendant and for Missouri General Insurance Company, third-party defendant.

J. IRWIN SHAPIRO, J.

Plaintiff Brent Crobak, in the main action, seeks recovery for personal injuries. His father, Frank G. Crobak, sues for derivative damages. Two causes of action are set forth on behalf of the infant plaintiff, one sounding in negligence, and the other for breach of warranty of merchantability and fitness for use. The injuries are claimed to have been sustained when a bottle of cola exploded...

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