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Albany mother sues ShopRite for $35K over alleged apple pie mix-up that left her feeling ‘betrayed’
nypost.com ^ | May 24, 2023 | David Propper

Posted on 05/26/2023 7:48:52 AM PDT by lowbridge

An Albany mother claims she was left “angry” and “betrayed” when the apple pie she thought she was buying from a local ShopRite turned out to be a cherry pie, leading her daughter to get sick when she ate a piece of it, according to a lawsuit filed Tuesday in Albany County Supreme Court.

The supermarket allegedly “misbranded and mislabeled” the pastry as an apple pie that she bought during a trip to the store on April 20, according to legal papers.

For that alleged switcheroo, plaintiff Tiffany Brady wants $35,000 in damages.

Brady, a mother of five, and her family “strongly dislike and have sensitivities and allergies to cherry pie,” the lawsuit claims.

When her 2-year-old daughter took a bite of the pie, she fell ill, the legal action states.

“Occasionally, Plaintiff will give her daughter a treat, like Apple pie,” the lawsuit states. “Much to Plaintiff’s disappointment and dismay, she trusted that the pie in question was apple and fed some to her daughter, who became sick the whole weekend after eating it.

“Plaintiff was guilt-ridden and could not sleep the entire weekend because she fed her family the mislabeled and misbranded pie.”

The pie in question was labeled a “Store Baked Apple Pie” that had a sale-by date of April 23, the lawsuit states.

(Excerpt) Read more at nypost.com ...


TOPICS: Chit/Chat; Food; Society
KEYWORDS: applepie; cherry; frivolouslawsuit; newyork
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1 posted on 05/26/2023 7:48:52 AM PDT by lowbridge
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To: lowbridge

I’d like to meet that lawyer


2 posted on 05/26/2023 7:50:18 AM PDT by Mariner (War Criminal #18)
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To: lowbridge

Loser pays, in this case it would be nice.


3 posted on 05/26/2023 7:50:55 AM PDT by 1Old Pro
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To: Mariner

Better call Saul!


4 posted on 05/26/2023 7:51:37 AM PDT by Mariner (War Criminal #18)
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To: Mariner
I’d like to meet that lawyer

No Albany lawyer would touch this, they had to get one from that cesspool called NYC.

5 posted on 05/26/2023 7:52:37 AM PDT by 1Old Pro
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To: Mariner

Nuisance lawsuit. They should countersue for abuse of process and move to have him disbarred. And her declared a vexatious litigant.


6 posted on 05/26/2023 7:52:54 AM PDT by Lonesome in Massachussets (Forsan et haec olim meminisse iuvabit.)
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To: lowbridge

It’s not like she wants to her cake and eat it too.


7 posted on 05/26/2023 7:53:55 AM PDT by Tai_Chung
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To: lowbridge

8 posted on 05/26/2023 7:54:02 AM PDT by ClearCase_guy (“You want it one way, but it's the other way”)
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To: lowbridge

Not that tough to tell. Caveat emptor

9 posted on 05/26/2023 7:56:31 AM PDT by NohSpinZone (First thing we do, let's kill all the lawyers)
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To: lowbridge

If she knew the kid was allergic to cherries, which I kinda doubt, why did she then serve the pie to her after seeing that it was not an apple pie?

This is a set-up.............


10 posted on 05/26/2023 7:56:46 AM PDT by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: lowbridge

The dildoes currently infesting our country are a bunch of sensitive, GREEDY crybabies.


11 posted on 05/26/2023 7:57:00 AM PDT by FlingWingFlyer (Since O'Bama was ruling the roost, America has gone from melting pot to septic tank of the world.)
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To: lowbridge

Just about every apple pie I have ever seen has a filling that is grey to off-white in color. Every cherry pie I have ever seen is RED. Did she not notice the color when she fed it to her daughter?


12 posted on 05/26/2023 7:58:24 AM PDT by nomorelurker
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To: lowbridge

We really need to get rid of punitive damages in this country.


13 posted on 05/26/2023 7:59:31 AM PDT by Rurudyne (Standup Philosopher)
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To: Red Badger

The daughter should sue the mother for negligence and child abuse!


14 posted on 05/26/2023 7:59:49 AM PDT by cgbg (Claiming that laws and regs that limit “hate speech” stop freedom of speech is “hate speech”.)
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To: Mariner

Yep.
How do people find lawyers to handle these cases?
New slogan, “For the Pie-Hole”


15 posted on 05/26/2023 8:00:34 AM PDT by Honest Nigerian
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To: lowbridge
Mommy must be an idiot. Cherry ? Apple ?

PEREZ PRADO - CHERRY PINK AND APPLE BLOSSOM WHITE

16 posted on 05/26/2023 8:00:35 AM PDT by csvset (tolerance becomes a crime when attached to evil)
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To: lowbridge
I prefer the Yankovich polka version, but here
17 posted on 05/26/2023 8:03:56 AM PDT by chajin ("There is no other name under heaven given among people by which we must be saved." Acts 4:12)
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To: lowbridge

The defendant is found guilty. The plaintiff is awarded one new apple pie, a bottle of Pepto Bismol, a new pair of glasses so she can see what the pie is when she cuts into it and visit from a concert musician to play the sad trombone sound. Wuaaa-waaaah.


18 posted on 05/26/2023 8:05:15 AM PDT by KarlInOhio (Democrats' version of MAGA: Making America the Gulag Archipelago )
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To: lowbridge

Sooo, when she cut a slice for her kid, she didn’t notice that it was red inside?


19 posted on 05/26/2023 8:05:37 AM PDT by nuconvert ( Warning: Accused of being a radical militarist. Approach with caution.)
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To: lowbridge

You can see the filling through the crust vents in the store. It’s red. Then you cut the pie unless your two year old helps herself. Still red.

It is also possible to buy two different pies and switch the pies so that the plastic clamshell labels are now incorrect.

Shoprite makes terrible pies btw. Filled with goo.


20 posted on 05/26/2023 8:07:48 AM PDT by heartwood (Someone has to play devil's advocate.)
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