Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the complaint is dismissed.
The plaintiff allegedly cut a finger on his right hand when he grabbed a jar of relish from a shelf located in a supermarket operated by the defendant. The subject jar was allegedly "sticky" and had little splinters of glass attached to its side. The plaintiff moved, inter alia, to strike the defendant's answer for...
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