PENDOLA v. M. & S. CAFETERIA


206 Misc. 595 (1954)

Santo E. Pendola, Plaintiff, v. M. & S. Cafeteria, Inc., Defendant.

City Court of the City of New York, Trial Term, Queens County.

September 24, 1954.


Attorney(s) appearing for the Case

Samuel Brodsky and Nathan Gottesman for plaintiff.

Emanuel Morgenbesser and Abraham Shapiro for defendant.


MORRIS, J.

This is an action tried without a jury in which the plaintiff is asking for $6,000 because he alleges that on July 9, 1953, he consumed food in defendant's restaurant which caused him to suffer from food poisoning resulting in severe vomiting and diarrhea, and that he was confined in a hospital for treatment from July 9 to July 12, 1953. His testimony is that he ate a ham sandwich at about noon on July 9, 1953, and was taken ill a short time...

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