Myers v. Ferrara

OPINION OF THE COURT

Fisher, J.

On December 21, 2000, 59-year-old Roy Myers was dining with his wife at a restaurant in Manhattan when a piece of prime rib steak became lodged in his throat. He and his wife left the restaurant and returned to their hotel room where Myers passed a difficult night, gagging and coughing, and experiencing difficulty breathing. He tried to drink water and eat an apple but was unable to keep either down. The next morning, Myers and his wife returned to their Syosset home and, upon a physician’s recommendation, went to the emergency room of North Shore University…