Maida v. Rite Aid Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Peters, J.
Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Lefkowitz, J.), entered August 18, 1992 in Rockland County, which, inter alia, denied plaintiffs motion to restore the case to the trial calendar.
Plaintiff alleges that in November 1982 she purchased an antibiotic manufactured by defendant E. R. Squibb & Sons, Inc. (hereinafter Squibb) at a drug store owned and operated by defendant Rite Aid Corporation. After opening the bottle and noticing a foul odor, plaintiff claims that she telephoned the pharmacist who…
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