Erena v. Colavita Pasta & Olive Oil Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMikoll, J.
Appeal from an order of the Supreme Court (Harris, J.), entered January 8, 1993 in Ulster County, which, inter alia, denied motions by various parties to strike the note of issue filed by plaintiffs.
Plaintiff Anthony J. Erena (herein plaintiff) allegedly suffered botulism poisoning as the result of ingesting garlic processed by defendant Great Garlic Foods, Inc. and found in olive oil manufactured by defendant Colavita Pasta & Olive Oil Corporation. The olive oil was distributed by third-party *730defendant Nasser George Habeeb and his corporation, defendant Pasta & Oil Inc., to retailers (all…
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