GUNNING v. SMALL CATERERS


4 Misc.3d 209 (2004)

777 N.Y.S.2d 268

WALKER GUNNING, an Infant, by His Mother and Natural Guardian, DEBORAH GUNNING, Plaintiff, v. SMALL FEAST CATERERS, INC., Doing Business as CUCINA, et al., Defendants.

Supreme Court, Kings County.

May 6, 2004.


Attorney(s) appearing for the Case

Laykind & Summers, New York City, for Small Feast Caterers, Inc., defendant.

Cartafalso, Slattery & Metaxas for Stoelzle-Oberglas, USA, Inc., defendant.

Ginsberg & Broome, P.C., New York City, for plaintiff.


OPINION OF THE COURT

HERBERT KRAMER, J.

A glass of water allegedly exploded in a patron's hand in one of our local Brooklyn restaurants: Can recovery be had against the restaurant as the "seller" of this glass under theories of strict products liability and implied warranties of fitness?

This appears to be a question of first impression in this state. Intriguingly, this court was unable to find any decisions in this state where a party had even complained...

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