Huppe v. Twenty-First Century Restaurants of America, Inc.

OPINION OF THE COURT

Stephen Smyk, J.

Late in the afternoon of October 23, 1981, plaintiffs, husband and wife, entered the McDonald’s restaurant owned and operated by defendant at 1600 Bruckner Boulevard in The Bronx and purchased two large cups of coffee and a hamburger. An employee in the restaurant filled two cardboard cups with coffee from a carafe which plaintiffs had seen the employee fill from a larger metal urn. The cups were covered with plastic lids and placed in a paper bag. Mrs. Huppe carried the bag from the restaurant to the plaintiffs’ car in the restaurant’s parking area. In the…