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DIRSA v. MARTUSCELLO

76 A.D.2d 1020 (1980)

Dorothy Dirsa, Individually and as Administratrix of The Estate of Frank Dirsa, Deceased, Respondent, v. Joseph Martuscello, Doing Business as Joe's Market, Respondent, and William Bartyzel, Inc., et al., Appellants

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

June 26, 1980

The beer in question, which was manufactured by defendant Genesee Brewing Company and sold to defendant Martuscello by defendant William Bartyzel, Inc., a wholesale beer distributor, was contained in a quart bottle and allegedly contaminated by a foreign substance, i.e., a partially decomposed mouse. As a result of their drinking of the beer on June 7, 1972, plaintiffs asserted that they each developed what their doctor diagnosed...

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