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MONTALBANO v. TRI-MAC ENTERS. OF PORT JEFFERSON, INC.

236 A.D.2d 374 (1997)

652 N.Y.S.2d 780

Joseph Montalbano, Appellant, v. Tri-Mac Enterprises of Port Jefferson, Inc., Doing Business as McDonald's, Respondent

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

February 3, 1997

Ordered that the judgment is affirmed, with costs.

The plaintiff claims that he suffered emotional distress, including AIDS-phobia, when he purchased, and consumed, french fries that he later discovered were covered with blood. The court granted the defendant's motion for summary judgment, reasoning that because there was no evidence that the plaintiff had been exposed to HIV, his "claim of AIDS-phobia is too remote and...

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