Grafer v. Marko Beer & Beverages, Inc.

The plaintiffs appeal from an order of the Special Term, Orange County, granting defendant Pabst permission to serve an amended answer which sets forth an affirmative defense and counterclaim.

Plaintiff Carole J. Grafer seeks damages from defendant Pabst for personal injuries sustained when a bottle of beer bottled by Pabst allegedly exploded in her hand in May, 1966. The affidavit in support of the motion to amend the answer alleges that about two or three months after the accident the fragments of the bottle were inadvertently disposed of by a domestic employed by the plaintiffs’ attorney.…