Sturtevant v. Home Town Bakery, Inc.

Appeal from an order of the Supreme Court (Travers, J.), entered May 11, 1992 in Rensselaer County, which granted plaintiff’s motion for partial summary judgment on the issue of liability.

Plaintiff’s proof reveals that on the morning of February 20, 1991, he purchased a cup of coffee and a glazed doughnut at a Stewart’s Shop owned by defendant Stewart’s Ice Cream Company, Inc. Plaintiff sat down at a booth to eat the doughnut and when he bit into it his teeth came into contact with a hard metal object or objects, causing one tooth to break. Plaintiff removed the metal from his mouth,…