Sawyer v. New York Seven-Up Bottling Co.

Order, Supreme Court, New York County, entered on January 16, 1978, denying defendant Bottling’s motion for summary judgment dismissing the complaint as against it, unanimously reversed, on the law, the motion granted, and the complaint dismissed and the action severed as to defendant-appellant. Appellant shall recover of respondents $60 costs and disbursements of this appeal. On July 3, 1973, plaintiff Joseph Sawyer was injured by an exploding bottle of Seven-Up. At the time, he was employed by third-party defendant "The Great Atlantic and Pacific Tea Co.” (A & P), at its retail store…