RANDAZZO v. PEPSI-COLA METRO. BOTTLING CO., INC.


126 A.D.2d 535 (1987)

David Randazzo, an Infant, by His Mother and Natural Guardian, Joanne Randazzo, et al., Respondents, v. Pepsi-Cola Metropolitan Bottling Company, Inc., Appellant, et al., Defendant

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

January 12, 1987


Ordered that the order is reversed, without costs or disbursements, and the appellant's motion is granted. The inspection shall be conducted at the office of the plaintiffs' counsel upon written notice of at least 10 days, or at such time and place as the parties may agree.

In 1983, a physical inspection of the offending soda bottle was conducted on behalf of a party, Pepsico, Inc., which was proven thereby to have been wrongly sued. Subsequently, the defendant Pepsi...

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