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VITIELLO v. CAPTAIN BILL'S REST.

191 A.D.2d 429 (1993)

594 N.Y.S.2d 295

Marie Vitiello et al., Respondents, v. Captain Bill's Restaurant, Appellant. (And Third-Party Titles.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 1, 1993

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint and any cross claims against the defendant are dismissed.

The evidence submitted in support of the defendant's motion was sufficient to warrant the granting of summary judgment (see, Zuckerman v City of New York, 49 N.Y.2d 557). The plaintiff asserted that she was injured when she ate fish containing a bone at the defendant...

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