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ERENA v. COLAVITA PASTA & OLIVE OIL CORP.

199 A.D.2d 729 (1993)

605 N.Y.S.2d 475

Anthony J. Erena et al., Respondents, v. Colavita Pasta & Olive Oil Corporation, Appellant, and Great Garlic Foods, Inc., et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendant. James B. Thompson, Third-Party Defendant, and Nasser G. Habeeb, Third-Party Defendant-Appellant. (And Two Other Related Actions.)

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

December 16, 1993

Mikoll, J.

Plaintiff Anthony J. Erena (herein plaintiff) allegedly suffered botulism poisoning as the result of ingesting garlic processed by defendant Great Garlic Foods, Inc. and found in olive oil manufactured by defendant Colavita Pasta & Olive Oil Corporation. The olive oil was distributed by third-party defendant Nasser George Habeeb and his corporation, defendant Pasta & Oil Inc., to retailers...

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