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WALKER v. PEPSICO, INC.

248 A.D.2d 1015 (1998)

669 N.Y.S.2d 1003

Rainey J. Walker, Respondent-Appellant, v. Pepsico, Inc., et al., Appellants-Respondents, and Alistar Beverage Corporation, Respondent

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

March 13, 1998

Order modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied the motion of defendant Pepsico, Inc., and the cross motions of defendants Ball Corporation and Clinton's Ditch Cooperative Company, Inc., for summary judgment dismissing the complaint in this negligence action. The complaint sought to recover damages for injuries resulting from plaintiff's consumption of a can of Pepsi-Cola that allegedly...

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