SAWYER v. NEW YORK SEVEN-UP BOTTLING CO.


63 A.D.2d 893 (1978)

Joseph Sawyer et al., Respondents, v. New York Seven-up Bottling Co., Appellant, et al., Defendants Glenshaw Glass Co., Inc., Third-Party Plaintiff, v. Great Atlantic and Pacific Tea Co., Inc., Third-Party Defendant

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

June 13, 1978


Unanimously reversed, on the law, the motion granted, and the complaint dismissed and the action severed as to defendant-appellant. Appellant shall recover of respondents $60 costs and disbursements of this appeal.

On July 3, 1973, plaintiff Joseph Sawyer was injured by an exploding bottle of Seven-Up. At the time, he was employed by third-party defendant "The Great Atlantic and Pacific Tea Co." (A & P), at its retail store located in Fryeburg, Maine. The present...

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