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RYTTER v. PARTHENIDES

53 Misc.2d 649 (1966)

Henry J. Rytter, Plaintiff, v. Gus Parthenides et al., Defendants.

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

June 30, 1966

Attorney(s) appearing for the Case

Thomas V. Heyman for plaintiff. Henry Wolfman and Peter A. Canevari for defendants.

WILLIAM T. O'CONNELL, J.

This is an action by the plaintiff to recover damages for personal injuries arising from food poisoning allegedly suffered after consuming food at defendants' restaurant on August 12, 1962. Since the causes of action are brought in both negligence and contract, the plaintiff has elected to proceed on the breach of warranty action (Personal Property Law, § 96, in effect August 12...

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