PRESTON v. PETER LUGER ENTERPRISES, INC.


51 A.D.3d 1322 (2008)

858 N.Y.S.2d 828

KEVIN PRESTON et al., Appellants, v. PETER LUGER ENTERPRISES, INC., Respondent.

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

Decided May 22, 2008.


Peters, J.P.

In April 2001, plaintiff Lucy Preston purchased a bottle of steak sauce manufactured by defendant at a grocery store in the Village of Lake Placid, Essex County. Upon attempting to open the glass bottle, plaintiff Kevin Preston (hereinafter plaintiff) was injured when the neck of the bottle broke. Plaintiff and his wife, derivatively, commenced this action sounding in strict products liability, breach of implied warranty, negligence and failure to warn...

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