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GRAFER v. MARKO BEER & BEVERAGES

36 A.D.2d 295 (1971)

William G. Grafer et al., Appellants, v. Marko Beer & Beverages, Inc., Defendant and Third-Party Plaintiff; Pabst Blue Ribbon, Respondent, et al., Third-Party Defendants

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

April 19, 1971.

Attorney(s) appearing for the Case

Seymour Greenblatt for appellants.

Martin Rosenblum (Michael M. Platzman of counsel), for respondent.

RABIN, P. J., HOPKINS, MUNDER and MARTUSCELLO, JJ., concur.

LATHAM, J.

The plaintiffs appeal from an order of the Special Term, Orange County, granting defendant Pabst permission to serve an amended answer which sets forth an affirmative defense and counterclaim.

Plaintiff Carole J. Grafer seeks damages from defendant Pabst for personal injuries sustained when a bottle of beer bottled by Pabst allegedly exploded in her hand in May, 1966. The affidavit in support...

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