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FURCINITI v. BOTTLING GROUP, LLC

0031972/0061. RJI No. 01-07-088185.

2008 NY Slip Op 31911 (U)

VITO FURCINITI AND CHARLESE FURCINITI, Plaintiffs, v. BOTTLING GROUP, LLC, THE PEPSI BOTTLING GROUP, INC. and PEPSICO, INC., Defendants.

Supreme Court of the State of New York, Albany County.

July 9, 2008.

Attorney(s) appearing for the Case

Finkelstein & Partners, LLP, Marie Dusault, Esq., Newburgh, New York, Attorneys for Plaintiff.

Luboja & Thau, LLP, Michelle A. Nolan, Esq., New York, New York, Attorneys for Defendant Bottling Group, LLC.

DECISION and ORDER

JOSEPH C. TERESI, J.

On December 1, 2003, Mr. Furciniti was injured when he tripped and fell over a low rise concrete wall and /or wooden pallets located along a walkway on property owned by Bottling Group, LLC d/b/a Pepsi Bottling Group (hereinafter "defendant"). Mr. Furciniti, and his wife derivatively, commenced this action against defendant seeking damages caused by his trip and fall. Discovery is now complete and Defendant...

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