NG v. BARNES AND NOBLE, INC.


308 A.D.2d 340 (2003)

764 N.Y.S.2d 183

FUNG-YEE NG, Respondent, v. BARNES AND NOBLE, INC., Appellant.

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

Decided September 11, 2003.


Plaintiff's complaint alleges she was injured by hot tea she purchased from defendant. She claims it was served to her in two cellulose cups—one inside the other—and that when she opened the lid, the tea spilled causing her injury.

There is no basis to hold defendant liable on a theory that it breached a duty of reasonable care to the plaintiff customer under these circumstances.* Plaintiff failed to raise a triable issue...

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