DANIS v. JOHN C. FOOD CORP.

10907, 150098/12.

179 A.D.3d 606 (2020)

2020 NY Slip Op 00552

Mark Joseph Danis, Appellant, v. John C. Food Corp., Improperly Pleaded as McDonald's Restaurant, et al., Defendants, New York City Transit Authority, et al., Respondents.

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

Decided January 28, 2020.


Plaintiff alleges that he consumed contaminated food at defendant John C. Food Corp.'s McDonald's restaurant. Several hours later, he began to feel nauseous and boarded a crowded subway train to head home. While on the train, he felt very sick and decided to get off the train. After exiting the train and while on the platform, he leaned over a railing so as to take deep breaths, but while doing so, he lost consciousness and fell on his back. When he fell his left leg extended...

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