Giordano v. White Castle System, Inc.

Order of the Supreme Court, Bronx County (Anita Florio, J.), entered on June 4, 1990, which granted plaintiff-respondent’s motion for summary judgment, reversed, on the law, and the motion denied, without costs.

The complaint alleges that plaintiff became violently ill and suffered continuing disability as a result of ingesting a contaminated soft drink purchased from defendant’s White Castle restaurant. The record established that within five minutes of plaintiff’s purchase of hamburgers and soda from the take-out section of defendant’s restaurant, he allegedly became violently ill and had to…