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WALICKI v. MIK-LEE FOOD STORE

144 Misc.2d 156 (1989)

Celeste L. Walicki, Plaintiff, v. Mik-Lee Food Stores, Inc., et al., Defendants. Container General Corporation, Third-Party Plaintiff, v. Brockway, Inc., et al., Third-Party Defendants.

Civil Court of the City of New York, Queens County.

June 19, 1989

Attorney(s) appearing for the Case

Alexander, Ash, Schwartz & Cohen (Ellen M. Kennelly of counsel), for Foster-Forbes Glass Division, third-party defendant. Brenner & Brenner (David J. Brenner of counsel), for plaintiff. Gervais, DeCicco & McCorry (Phillip A. Jordan, Jr., of counsel), for Mik-Lee Food Stores, Inc., defendant. Barry, McTiernan & Moore (Michael C. Rizzo of counsel), for Canada Dry Corporation, defendant. William T. Ryan, P. C. (William T. Hartlein of counsel), for Container General Corporation, defendant and third-party plaintiff.

DAVID GOLDSTEIN, J.

This is a motion by third-party defendant Foster-Forbes Glass Division (Foster) for summary judgment dismissing the third-party complaint.

The action was brought to recover for personal injuries sustained on June 13, 1984, when a glass seltzer bottle, with a Key Food brand label, exploded in plaintiff's hand while she was shopping at a Key Food store owned and operated by defendant...

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