Belinsky v. Twentieth Restaurant, Inc.

CROAKE, District Judge.

Plaintiff moves pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. for partial summary judgment on the issue of liability.

Plaintiff claims damages for physical injuries allegedly resulting from eating- particles of glass which were embedded in food eaten by plaintiff in defendant’s restaurant.

Plaintiff contends that there is no genuine issue of fact concerning the allegation that he ate food in defendant’s restaurant which contained glass and that, pursuant to New York law, defendant is liable to him under a theory of implied warranty for any…