Judge: Nibble on movie popcorn at own risk

Steve Kaplan had sued to recover $1,250 for dental repairs

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updated 4:49 p.m. ET Sept. 29, 2008

NEW YORK - Movie munchers beware! A New York judge says popcorn purchasers worried about breaking a tooth on unpopped kernels should nibble carefully — or eat something else.

Insurance broker Steve Kaplan said he encountered a double dud while watching the movie "Superbad" at the AMC-Lincoln Square Cinema a year ago: His tooth hurt and the movie was awful.

Kaplan sued to recover $1,250 for dental repairs. But Manhattan Civil Court Judge Matthew Cooper ruled that Kaplan could not reasonably expect every kernel to be popped.

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Kaplan and the theater's attorney did not immediately return calls for comment Monday.