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COSGROVE v. ESTATE OF DELVES

35 A.D.2d 730 (1970)

James D. Cosgrove, Respondent, v. Estate of Virginia Delves, by Margaret Cuminale, Executrix, Respondent-Appellant, and Marlboro Industries, Ltd., Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 19, 1970

Interlocutory judgment reversed, on the law and the facts, without costs; plaintiff's complaint as to appellant Estate of Virginia Delves, and the latter's cross complaint, dismissed; and, as between plaintiff and defendant Marlboro Industries, Ltd., action severed and new trial granted.

Plaintiff was allegedly injured when a polyethylene type plastic stopper on a bottle of champagne popped up and struck his eye as soon as...

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