CLARE AMIANO, Respondent, v GREENWICH VILLAGE FISH COMPANY, INC., et al., Appellants, et al., Defendants.
Supreme Court, Appellate Division, First Department, New York
September 12, 2016
53 NYS3d 531
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., 191 AD2d 429, 429 [2d Dept 1993]; see also Mathews v Maysville Seafoods, Inc., 76 Ohio App 3d 624, 627, 602 NE2d 764, 765-766 [Ct App 1991]; Ex parte Morrison‘s Cafeteria of Montgomery, Inc., 431 So 2d 975, 979 [Ala Sup Ct 1983]). Concur—Tom, J.P., Sweeny, Andrias, Moskowitz and Manzanet-Daniels, JJ.
