SCHMIDT v. FOURTH WALL RESTAURANTS, LLC

2016-12608, Index No. 13179/14.

155 A.D.3d 986 (2017)

63 N.Y.S.3d 893

2017 NY Slip Op 08295

SUSAN SCHMIDT, Appellant, v. FOURTH WALL RESTAURANTS, LLC, et al., Respondents.

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

Decided November 22, 2017.


Ordered that the order is affirmed, with costs.

The plaintiff alleges that she was drinking a cocktail at the defendants' restaurant when she bit into an olive and fractured her tooth on the pit. After depositions had been conducted, the defendants moved for summary judgment, contending that they could not be held liable under the reasonable expectation doctrine because the plaintiff should have reasonably anticipated the presence of a pit inside a whole olive. The...

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