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HARRIS v. MORTON'S RESTAURANT GROUP, INC.

2683, 109770/10.

146 A.D.3d 477 (2017)

2017 NY Slip Op 00108

44 N.Y.S.3d 444

LAMONT HARRIS et al., Respondents, v. MORTON'S RESTAURANT GROUP, INC., et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 10, 2017.

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 A.D.3d 161 [1st Dept 2004]; see also Tardella v RJR Nabisco, 178 A.D.2d 737 [3d Dept 1991] [consumer's burden of proof is same for negligence...

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