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Lebert v. Schimmelpfennig

286 A.D. 850 Court N.Y. App. Div. Decision date 1955-06-06 English

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p. 850
Margaret Lebert, Respondent, v. Karl Schimmelpfennig et al., Doing Business as Elwood Bake Shop, Appellants.

Action in negligence to recover damages for personal injuries suffered by plaintiff when a small piece of wire lodged in her throat as a result of eating a piece of a cake, which cake had been purchased from defendants. Judgment entered on the verdict of a jury in favor of plaintiff unanimously affirmed, with costs. No opinion. Appeal from order denying appellants’ motion to resettle the judgment dismissed, without costs. Present — Nolan, P. J., Wenzel, MacCrate, Schmidt and Ughetta, JJ.