Brown v. City Sam Restaurants, Inc.

Order, Supreme Court, Bronx County (Howard Silver, J.), entered December 2, 1996, which, in an action for personal injuries allegedly caused by defendant restaurant’s negligence in serving contaminated food, denied plaintiffs motion for leave to amend the complaint to add causes action for breach of implied warranty of fitness and strict products liability, and granted defendant’s cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

We agree with the motion court that it is mere speculation to attribute plaintiffs flu-like symptoms to his consumption…