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BRUMBERG v. CIPRIANI USA, INC.

515666.

110 A.D.3d 1198 (2013)

973 N.Y.S.2d 401

2013 NY Slip Op 6759

JOAN JACOBS BRUMBERG et al., Appellants, v. CIPRIANI USA, INC., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided October 17, 2013.

Lahtinen, J.

Appeal from an order of the Supreme Court (Rumsey, J.), entered July 6, 2012 in Tompkins County, which granted defendants' motion for summary judgment dismissing the complaint.

Plaintiff Joan Jacobs Brumberg (hereinafter plaintiff) and her husband, derivatively, brought this negligence action for injuries sustained when plaintiff ingested a 1½-inch shard of wood. Plaintiff contends that she consumed...

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