Klingle v. Versatile Corp.

Appeal from an order of the Supreme Court (Smyk, J.), entered September 10, 1992 in Broome County, which granted plaintiffs’ motions to set aside two verdicts in favor of plaintiffs, and granted a new trial unless defendant stipulates to increased verdicts.

While on their morning break at work on April 3, 1991, plaintiffs Gail M. Klingle (hereinafter Klingle) and Candy Johns-Fiester (hereinafter Johns-Fiester) ordered egg and cheese croissants from the short order cook at a cafeteria managed and operated by defendant. The cook sprayed the grill with oven degreaser, which he mistakenly believed…