Plaintiff seeks damages for injuries sustained when she choked on a fish bone while eating a fillet of flounder at defendants-appellants' restaurant. Plaintiff's negligence claim should have been dismissed pursuant to the "reasonable expectation" doctrine, as the nearly one-inch bone on which plaintiff choked was not a "harmful substance[]" that a consumer "would not ordinarily anticipate" (Vitiello v Captain Bill's Rest.,
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AMIANO v. GREENWICH VIL. FISH CO., INC.
4192. 150361/13.
151 A.D.3d 484 (2017)
2017 NY Slip Op 04544
53 N.Y.S.3d 531
CLARE AMIANO, Respondent, v. GREENWICH VILLAGE FISH COMPANY, INC., et al., Appellants, et al., Defendants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided June 8, 2017.
Decided June 8, 2017.
Appellate Division of the Supreme Court of New York, First Department.
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