Pendola v. M. & S. Cafeteria, Inc.
City of New York Municipal Court
1Opinion of the CourtMorris, J.
This is an action tried without a jury in which the plaintiff is asking for $6,000 because he alleges that on July 9, 1953, he consumed food in defendant’s restaurant which caused him to suffer from food poisoning resulting in severe vomiting and diarrhea, and that he was confined in a hospital for treatment from July 9 to July 12,1953. His testimony is that he ate a ham sandwich at about noon on July 9, 1953, and was taken ill a short time thereafter, 3:45 p.m., and taken to the hospital. Diagnosis: ‘ ‘ Intestinal bleeding. ’ ’
*596Plaintiff in this type of case is. not required to establish…
2Cited by6 opinions
- Valenti v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1994
- Quinn v. Wenco Food Systems, Co.Appellate Division of the Supreme Court of the State of New York · 2000
- Brown v. City Sam Restaurants, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Galumbeck v. E. J. Korvette, Inc.Civil Court of the City of New York · 1967
- Rytter v. ParthenidesCivil Court of the City of New York · 1966
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