Jaroslawicz v. Prestige Caterers. Inc

In Jaroslawicz v. Prestige Caterers. Inc., 292 A.D.2d 232 (1st Dept. 2002), the First Department held that plaintiff raised a genuine issue of material fact as to whether food poisoning allegedly suffered by him and his subsequently developed neurological disorder were caused by his ingestion of improperly cooked or handled food. The Court noted that although defendants maintained that there was no basis for plaintiff's claim that food consumed on their tour was the cause of his illness, the statement of their expert that there is "insufficient information" to conclude that plaintiff's illness was brought about by the ingestion of improperly cooked or handled food was not adequate to meet defendants' burden as summary judgment movants to demonstrate their prima facie entitlement to judgment as a matter of law.