STARK v. CHOCK FULL O'NUTS


77 Misc.2d 553 (1974)

Marjorie Stark, Respondent, v. Chock Full O'Nuts, Appellant.

Supreme Court, Appellate Term, First Department.

March 1, 1974


Attorney(s) appearing for the Case

Fogarty, McLaughlin & Semel (Douglas A. Boeckmann of counsel), for appellant. Goldman & Karp (George Karp of counsel), for respondent.

MARKOWITZ, P. J., and FRANK, J. concur in Per Curiam opinion; QUINN, J., dissents in memorandum.


Per Curiam.

In this action based upon negligence and breach of warranty of fitness, the plaintiff testified that her tooth was injured when she bit into a "nutted cheese" sandwich that contained a large, hard walnut shell, which shell was immediately turned over to defendant. Upon appeal, the defendant only raises two issues. First of all, an issue is raised as to whether the complaint should have been dismissed on...

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