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ALPHIN v. LA SALLE DINERS

197 Misc. 415 (1950)

George W. Alphin, Plaintiff, v. La Salle Diners, Inc., et al., Defendants.

City Court of the City of New York, Kings County.

January 9, 1950.

Attorney(s) appearing for the Case

John T. Norton for plaintiff.

Irving E. Rifkin and Irving F. Lax for La Salle Diners, Inc., defendant.

Leo M. Brimmer and Thomas P. Corliss for California Pie & Baking Co., Inc., defendant.

CHARLES E. RUSSELL, Official Referee.

Plaintiff while a patron at defendant La Salle Diner was served on his order a portion of coconut custard pie. While eating same his lower jaw was injured as the result of biting upon a small circular wire having two pointed ends. Plaintiff sues La Salle as and for a breach of warranty of fitness (Personal Property Law, § 96) and defendant California Pie, from whom La...

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