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ARMSTRONG v. FIATO

279 A.D. 685 (1951)

Alice Armstrong, Respondent, v. L. A. Fiato et al., Doing Business as Johnson City Steak Shop, Appellants

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

November 14, 1951.

Plaintiff instituted this action against defendants to recover damages for their negligence and breach of implied warranty in serving food to plaintiff in the late evening of September 6, 1949, which she alleged contained a foreign body of glass which was later surgically removed from her stomach. The evidence discloses that in the late evening of September 6, 1949, plaintiff ate a meal at defendants' restaurant consisting of spaghetti...

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