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LINDENAUER v. STATE OF N. Y.

45 A.D.2d 73 (1974)

Pearl Lindenauer, Respondent, v. State of New York, Appellant. (Claim No. 52066.)

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

June 13, 1974.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Peter J. Dooley and Ruth Kessler Toch of counsel), for appellant.

Irving Lindenauer for respondent.

HERLIHY, P. J., GREENBLOTT, COOKE and MAIN, JJ., concur.

KANE, J.

Claimant sustained personal injuries when a bottle containing "Saratoga Geyser Water" exploded as she removed it from a shelf in a self-service supermarket. Portions of glass recovered after the explosion established that the container bore the legend "Bottled by the State of New York." No claim was made against the retailer, distributor or any other party; nor did claimant attempt to prove any specific...

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