EFTA01178219.pdf

DARREN K. INDYKE Darren K. Indyke, PLLC 575 Lexington Avenue, 4th Floor New York, New York 10022 Telephone: Telecopi email: February 18, 2014 VIA EMAIL 1 AND CERTIFIED MAIL. RETURN RECEIPT REQUESTED Candle Cafe Healthy Candle Café, Inc. 1307 Third Avenue New York, NY 10021 Dear Sirs: It is with outrage that I write to you regarding, among other things, the gross negligence perpetrated by your restaurant against my client, Karyna Shuliak. On February 15, 2014, Ms. Shuliak nearly swallowed and had to remove from her mouth a two-inch piece of wire (photo attached) that was hidden in some "Morel Seitan" prepared and delivered by your restaurant to Ms. Shuliak's apartment at 301 East 66th Street that evening shortly after 6:26PM (which is the time indicated on your delivery receipt no. 244). Whether this foreign and inherently dangerous matter was introduced into Ms. Shuliak's food intentionally or as a result of the reckless disregard for her rights and safety, it was, at a minimum, an egregious per se violation of your duties to Ms. Shuliak and a matter of gross negligence to a shocking degree, not to mention a clear violation of New York City and State Health Laws and a breach of your implied warranty of fitness. Please be advised that the wire has been retained and preserved as evidence for formal proceedings should that become necessary. Ms. Shuliak has been intensely traumatized by the wanton carelessness of your establishment and demands just compensation, including, without limitation, the return of all moneys she paid for the tainted food you prepared and delivered, compensation for the extreme emotional distress she has suffered and punitive damages. You are directed to contact the undersigned immediately to avoid further escalation of this matter, including, but not limited to, the institution of formal legal proceedings for the recovery of Ms. Shuliak's damages. This letter is without prejudice to the rights and claims of Karyna Shuliak against Candle Caf€, Healthy Candle Caf₹, Inc., and the officers, directors, managers and employees thereof, all of which rights and claims are hereby expressly reserved. Very truly yours, _hamLx. Darren K. Indyke EFTA01178219 1 \ i EFTA01178220