Legal Opinion
Addeo v. Metropolitan Bottling Co.
Appellate Terms of the Supreme Court of New York
Decided May 2, 1963PublishedCited by 4 opinions
1Opinion of the Court
George Tilzer, J. P.
Plaintiff retailer who suffered personal injuries when a bottle of Pepsi-Cola exploded in her grocery store, brought an action for damages for breach of the implied warranties of fitness for consumption and of merchantable quality against the bottler and the distributor of the beverage. The jury found in plaintiff’s favor against both the bottler and the distributor in the amount of $1,600 and from the judgment entered thereon defendants appeal.
The appellant bottler or manufacturer contends that since there was no privity of contract between it and the plaintiff, the cause…
2Cases cited3 opinions
- Haller v. RudmannAppellate Division of the Supreme Court of the State of New York · 1937
- Greenberg v. LorenzAppellate Terms of the Supreme Court of New York · 1958
- Edwards v. ElbertNew York Supreme Court · 1815
3Cited by4 opinions
- Weisblum v. Prophase Labs, Inc.District Court, S.D. New York · 2015
- Rudloff v. Wendy's Restaurant of Rochester, Inc.New York Supreme Court · 2006
- IN RE METFORMIN MARKETING AND SALES PRACTICES LITIGATIONDistrict Court, D. New Jersey · 2022
- Security Leasing Co. v. Foremost Fountains, Inc.Appellate Terms of the Supreme Court of New York · 1963