BENSON v. BOHACK FOOD MKTS.


33 A.D.2d 908 (1970)

Elaine Benson et al., Respondents, v. Bohack Food Markets, Appellant

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

January 12, 1970


Interlocutory judgment reversed, on the law, and new trial granted, limited to the issues of liability, with costs to abide the event.

No questions of fact have been considered. The female plaintiff testified that she was injured when, as she reached to take a package of soda from a shelf in defendant's retail supermarket, a bottle which was lying on a shelf exploded, sending fragments of glass into her leg. Defendant's assistant manager testified that the injured...

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