In Vitiello v. Captain Bill's Restaurant, 191 AD2d 429, 594 N.Y.S.2d 295 (2nd Dept. 1993), the Appellate Division for the Second Department applied the reasonable expectation test to a case where a diner alleged that she had been injured by a fish bone.
In directing that summary judgment be entered in favor of the restaurant, the court stated that although the plaintiff had been assured that the fish had been fileted, she still had "no right to expect a perfect piece of fish."
As the court pointed out, "everyone ... knows that tiny bones may remain in even the best filets of fish." Vitiello, 191 AD2d at 429.