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KEARSE v. FOOD FAIR STORES, INC.

104 A.D.2d 582 (1984)

James Kearse, Appellant, v. Food Fair Stores, Inc., Doing Business as Pantry Pride, Defendant and Third-Party Plaintiff-Respondent. Coca Cola Company, Inc., Third-Party Defendant and Fourth-Party Plaintiff-Respondent; Pasqual Femiano, Doing Business as Channel Distributor, Inc., Fourth-Party Defendant

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

September 10, 1984

Judgment reversed, as a matter of discretion, without costs or disbursements, and new trial granted as to all issues.

This is an action to recover damages for personal injuries suffered by plaintiff as a result of an exploding soda bottle. The facts are not complicated. The plaintiff, James Kearse, was assisting his mother and sister with grocery shopping at one of defendant Food Fair Stores, Inc.'s supermarkets. He was injured when a bottle of Coca Cola which they...

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