CILLO v. RESJEFAL CORPORATION


13 A.D.3d 292 (2004)

787 N.Y.S.2d 269

DANIEL S. CILLO, an Infant, by His Parent and Natural Guardian, DANIEL J. CILLO, et al., Plaintiffs, v. RESJEFAL CORPORATION et al., Respondents, and D.B. BROWN, INC., Appellant. (And Other Actions.) DANIEL S. CILLO, an Infant, by His Parent and Natural Guardian, DANIEL J. CILLO, et al., Respondents, v. RESJEFAL CORPORATION et al., Defendants, and D.B. BROWN, INC., Appellant. (And a Third-Party Action.)

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

December 28, 2004.


This is an action to recover damages for personal injuries suffered by the infant plaintiff, then eight years old, and his grandfather, the decedent herein, who became violently ill after purportedly ingesting ground beef allegedly contaminated by E. coli bacteria. The infected meat had been butchered and processed by IBP, distributed by Brown, a meat wholesaler, and purchased from Resjefal, which owns and operates a supermarket.

From the outset of this case, plaintiffs...

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