NO NUGGETS OF GOLD

In Payano v. Hempstead Union Free School District, Yihanee Payano filed a personal injury case against Union Free School District claiming she contracted salmonella poisoning after eating tainted chicken nuggets offered by a school cafeteria.

The District moved to dismiss the case, and offered evidence Payano was the only student diagnosed with salmonella poisoning. Payano opposed the motion with a doctor's affirmation which opined the poisoning was caused by the nuggets.

After the Nassau County Supreme Court granted the District's dismissal request, Payano appealed to the Appellate Division, Second Department.

Since the District established the kid's illness wasn't caused by cafeteria food and her doctor's affirmation was viewed as "entirely conclusory," the AD2 affirmed the dismissal.

Chicken!

To download a copy of the Appellate Division's decision, please use this link: Payano v. Hempstead Union Free School District