HUPPE v. TWENTY-FIRST


130 Misc.2d 736 (1985)

Sara Huppe et al., Plaintiffs, v. Twenty-First Century Restaurants of America, Inc., Defendant.

Supreme Court, Broome County.

January 16, 1985


Attorney(s) appearing for the Case

Alexander W. Luckanick for plaintiffs. Coughlin & Gerhart (Frank W. Miller of counsel), for defendant.


STEPHEN SMYK, J.

Late in the afternoon of October 23, 1981, plaintiffs, husband and wife, entered the McDonald's restaurant owned and operated by defendant at 1600 Bruckner Boulevard in The Bronx and purchased two large cups of coffee and a hamburger. An employee in the restaurant filled two cardboard cups with coffee from a carafe which plaintiffs had seen the employee fill from a larger metal urn. The cups were covered with plastic lids and placed in...

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