Sofman v. Denham Food Service, Inc.

Although I concur in the result reached by the majority, in my view, the question presented by this case is the broad one, i. e., whether a defendant engaged in the business of preparing and offering food designed primarily to be consumed on the premises is liable to a patron upon an implied warranty that the food was fit for human consumption. Because this approach would require the overruling of Nisky, I set forth my views in full.

In my opinion the scope of the Nisky decision does cover the instant factual situation. Research disclosed only two jurisdictions which have had occasion to apply…