Legal Question in Personal Injury in New York

My daughter and I were in New York at a Subway restaurant when she bit into something hard in her Veggie Sandwich. We immediately went to the counter and told them. They said we would need to contact owner and gave us his name. We went to the hotel and made an appointment with a local dentist and called the owner. He met us at the hotel and said to let him know of any charges. We went to the dentist and she cracked her tooth but felt it was not bad enough to do anything at this time. We were told to go home and see our regular dentist. We did incur a $250 patient responsibility bill. We returned home and made an appointment with our dentist and he said that it was a hairline crack throughout the tooth and would just check it at each appointment. We then submitted our responsibility of the insurance bill to the owner of Subway and he has not responded at all. I resubmitted three times and made numerous calls which have all been unanswered. Any recourse for us?

Asked on 6/28/12, 7:57 am

SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

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File a Small Claims Court action in the jurisdiction where the Subway shop is located.

Answered on 6/28/12, 8:01 am

David Slater David P. Slater, Esq.

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You failed to indicate what you bit into. They may or may not be responsible. You can sue the entity that owns the restaurant in Small Claims Court.

Answered on 6/28/12, 8:03 am

Yefim Rubinov Yefim Rubinov Attorney at Law

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Sue in small claims

Answered on 6/28/12, 10:57 am

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See above. Small Claims Court is the place for you. Best, ME Zuller

Answered on 6/29/12, 11:06 am

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