Legal Opinion
Alphin v. La Salle Diners, Inc.
City of New York Municipal Court
Decided January 9, 1950PublishedCited by 1 opinion
1Opinion of the Court
Charles E. Russell,
Official Referee. Plaintiff while a patron at defendant La Salle Diner was served on his order a portion of coconut custard pie. While eating same his lower jaw was injured as the result of biting upon a small circular wire having two pointed ends. Plaintiff sues La Salle as and for a breach of warranty of fitness (Personal Property Law, § 96) and defendant California Pie, from whom La Salle purchased the pie in question, for negligence in the preparation and baking of same. Defendant La Salle has impleaded defendant California by cross-complaint for recoupment in event it…
2Cases cited5 opinions
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Abounader v. Strohmeyer & Arpe Co.New York Court of Appeals · 1926
- Pine Grove Poultry Farm, Inc. v. Newtown By-Products Manufacturing Co.New York Court of Appeals · 1928
- Catalanello v. Cudahy Packing Co.Appellate Division of the Supreme Court of the State of New York · 1942
- Salzano v. First National Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1944
3Cited by1 opinion
- Piazza v. Fischer Baking Co.City of New York Municipal Court · 1950