Poyer v. Wegman's

Appeal from that part of an order of the Supreme Court (Relihan, Jr., J.), entered August 27, 1996 in Tompkins County, which granted defendant Pepsico, Inc.’s motion to compel plaintiffs to, inter alia, pay certain expenses relating to discovery.

Plaintiff Russell A. Poyer and his wife, derivatively, commenced this action for injuries he sustained when he ingested glass fragments as a result of the alleged disintegration of the neck of a glass bottle from which he was drinking. The bottle was purchased at a supermarket operated by defendant Wegman’s in the Town of Ithaca, Tompkins County.…