Brown v. City Sam Restaurants, Inc

In Brown v. City Sam Restaurants, Inc., 246 A.D.2d 301 (1st Dept. 1998), the First Department held that it was mere speculation to attribute plaintiffs flu-like symptoms to his consumption of unwholesome or contaminated lobster at defendant's restaurant, where it was undisputed that plaintiff had eaten other foods earlier that day, that he had a known food allergy to some shellfish, that no one else in his dinner party became sick, and where his own medical evidence was inconclusive as to the cause of his symptoms.