MAIDA v. RITE AID CORP.


210 A.D.2d 589 (1994)

619 N.Y.S.2d 812

Gloria Maida, Appellant, v. Rite Aid Corporation et al., Respondents

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

December 1, 1994


Peters, J.

Plaintiff alleges that in November 1982 she purchased an antibiotic manufactured by defendant E. R. Squibb & Sons, Inc. (hereinafter Squibb) at a drug store owned and operated by defendant Rite Aid Corporation. After opening the bottle and noticing a foul odor, plaintiff claims that she telephoned the pharmacist who told her that she could take the medication despite the foul odor. As a result of such ingestion, plaintiff alleges that she...

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