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RUDLOFF v. WENDY'S REST.

12 Misc.3d 1081 (2006)

821 N.Y.S.2d 358

ROBERT RUDLOFF, Plaintiff, v. WENDY'S RESTAURANT OF ROCHESTER, INC., et al., Defendants. WENDY'S RESTAURANT OF ROCHESTER, INC., Third-Party Plaintiff, v. KALEEL BROTHERS, INC., Third-Party Defendant and Fourth-Party Plaintiff. MOYER PACKING COMPANY, INC., Fourth-Party Defendant.

City Court of Buffalo.

June 8, 2006.

Attorney(s) appearing for the Case

DeMarie & Schoenborn, P.C., Buffalo (Joseph DeMarie of counsel), for Wendy's Restaurant of Rochester, Inc.

Thorn, Gershon, Tymann & Bonanni, LLP, Albany (Erin George of counsel), for Moyer Packing Company, Inc.

Kenney, Kanaley, Shelton & Liptak, Buffalo (Christopher Johnson of counsel), for Kalell Brothers, Inc.

Campbell & Shelton, LLP, Eden (R. Colin Campbell of counsel), for Robert Rudloff.

OPINION OF THE COURT

DAVID M. MANZ, J.

Background

This is a personal injury action, wherein the plaintiff alleges that he broke a tooth while eating a double cheeseburger (herein referred to as a hamburger) at a Wendy's restaurant. Because the plaintiff claims to have swallowed the portion of the hamburger he was injured on, it is unknown whether the object that is alleged to have caused the injury...

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