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CETTA v. COCA-COLA CO.

194 A.D.2d 585 (1993)

599 N.Y.S.2d 988

Dennis Cetta et al., Appellants-Respondents, v. Coca-Cola Company, Respondent-Appellant, Coca-Cola Bottling Company of New York, Inc., Respondent, et al., Defendant. (And a Third-Party Action.)

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

June 7, 1993

Ordered that the judgment is affirmed insofar as appealed from by the plaintiffs; and it is further,

Ordered that the judgment is reversed insofar as cross-appealed from by The Coca-Cola Company, on the law, and the complaint is dismissed insofar as asserted against that defendant; and it is further,

Ordered that The Coca-Cola Company is awarded one bill of costs payable by the plaintiffs.

We find that the trial court should have granted The Coca-Cola...

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