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RUPING v. GREAT ATL. & PAC. TEA CO.

283 A.D. 204 (1953)

John J. Ruping, Plaintiff, v. Great Atlantic and Pacific Tea Company, Appellant, and Reed Glass Company, Inc., Respondent, et al., Defendants John J. Ruping, as Executor of Sarah J. Ruping, Deceased, Plaintiff, v. Great Atlantic and Pacific Tea Company, Appellant, and Reed Glass Company, Inc., Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 22, 1953.

Attorney(s) appearing for the Case

Ernest P. Lyons, Jr., and Kenneth J. Dugan for appellant.

William J. Murphy for respondent.

FOSTER, P. J., BERGAN, COON and IMRIE, JJ., concur.

HALPERN, J.

The defendant Great Atlantic and Pacific Tea Company appeals from an order dismissing its cross claim against the defendant Reed Glass Company, Inc., in each of two actions.

The complaint in one action, brought by the executor of the last will and testament of Sarah J. Ruping, alleges that while the testatrix was in an A. & P. store on August 27, 1948, a bottle of ginger ale exploded with...

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