RISCHMAN v. THATCHER GLASS MFG. CO.


59 A.D.2d 561 (1977)

John H. Rischman et al., Respondents, v. Thatcher Glass Manufacturing Co., Defendant and Third-Party Plaintiff-Respondent. Pepsi Cola Company, Third-Party Defendant-Appellant

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

August 9, 1977


Interlocutory judgment affirmed, with one bill of costs payable jointly to plaintiffs and Thatcher by appellant.

The jury's verdict against Pepsi was not inconsistent with the verdict against Thatcher. We have considered appellant's other arguments and find them to be without merit.

Suozzi, J., dissenting.

In my view the jury verdict, which allocated 40% of liability to defendant Thatcher Glass Manufacturing Co. and 60% to appellant Pepsi...

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