Harris v. Morton's Restaurant Group, Inc.

Order, Supreme Court, New York County (Paul Wooten, J.), entered May 1, 2015, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants failed to establish prima facie either that the oysters that plaintiff Lamont Harris (Mr. Harris) ate at their restaurant were not contaminated or that any such contamination did not cause Mr. Harris’s illness (see Williams v White Castle Sys., 4 AD3d 161 [1st Dept 2004]; see also Tardella v RJR Nabisco, 178 AD2d 737 [3d Dept 1991] [consumer’s burden of proof is same for negligence, strict…