updated 6/6/2006 3:33:16 PM ET 2006-06-06T19:33:16

Where there are shellfish, expect shells.

That was the ruling from a Long Island judge, who recently dismissed a claim by a woman who sued a restaurant for $750,000 after choking on a piece of mussel shell.

Mary Slaymaker said she suffered a punctured throat and an infection after choking on a 1-inch piece of shell during a meal of mussels marinara at the Blue Moon Restaurant in Rockville Centre.

But state Judge John Galasso dismissed the lawsuit, saying Slaymaker should have had a "reasonable expectation" that a dish containing mussels could have shells in it. He also said she failed to prove the dish was "defective."

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