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GERSTNER v. CLINTON'S DITCH COOP., INC.

94 A.D.2d 976 (1983)

Donna Gerstner et al., Plaintiffs, v. Clinton's Ditch Cooperative, Inc., Appellant, and Bells Supermarket, Respondent, et al., Defendant

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

May 25, 1983

Order unanimously reversed, without costs, and defendant Clinton's Ditch Cooperative, Inc.'s motion granted.

Memorandum:

Plaintiff was injured when she opened a 32-ounce glass bottle of Pepsi-Cola and the bottle cap flew off and struck her in the eye. Summary judgment should have been granted to defendant Clinton's Ditch Cooperative, Inc., because the evidence presented at Special Term established that it did not alter the bottle cap in any way while it was...

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