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VANDERMARK v. JOTOMO CORPORATION

42 A.D.3d 931 (2007)

839 N.Y.S.2d 670

MARIE VANDERMARK, as Parent and Natural Guardian of D.V., Respondent, v. JOTOMO CORPORATION, Doing Business as MR. ROOTER OF ROCHESTER, et al., Defendants, and MR. ROOTER CORPORATION, Appellant.

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

Decided July 6, 2007.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs and the matter is remitted to Supreme Court, Monroe County, for an immediate trial pursuant to CPLR 3211 (c) in accordance with the following memorandum: Plaintiff commenced this action on behalf of her son seeking damages for injuries he sustained as the result of ingesting a toxic chemical from a water bottle at his residence. An employee...

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