OPINION OF THE COURT
FISHER, J.
On December 21, 2000, 59-year-old Roy Myers was dining with his wife at a restaurant in Manhattan when a piece of prime rib steak became lodged in his throat. He and his wife left the restaurant and returned to their hotel room where Myers passed a difficult night, gagging and coughing, and experiencing difficulty breathing. He tried to drink water and eat an apple but was unable to keep either down. The next morning, Myers...
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