SIERRA v. EVIAN SPRING WATERS CORPORATION OF AMERICA


260 A.D.2d 567 (1999)

688 N.Y.S.2d 639

MARGARITA SIERRA, Respondent, v. EVIAN SPRING WATERS CORPORATION OF AMERICA, Defendant, and PEPSI COMPANY, INC., Appellant.

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

Decided April 19, 1999.


Ordered that the order is reversed insofar as appealed from, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the defendant Pepsi Company, Inc., and the action against the remaining defendant is severed.

The plaintiff, an employee of Service America Corporation (hereinafter Service America), which operates the food concessions at the Jacob Javits Convention Center (hereinafter the Javits Center), was allegedly injured when...

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