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LEFF v. BENIHANA OF TOKYO

304 A.D.2d 350 (2003)

758 N.Y.S.2d 295

SHARYN LEFF et al., Appellants, v. BENIHANA OF TOKYO, Respondent.

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

Decided April 8, 2003.

This is a personal injury action against a restaurant based on plaintiff's consumption of bottled water which allegedly caused bleeding and damage to her esophagus. While all disclosure was to be completed by December 2001, an expert report was furnished by defendant in August 2002, several months prior to the scheduled trial, in which the expert stated that the injuries sustained by plaintiff could not have resulted from contamination...

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