We all have a waiter or waitress that wasn’t the best ever, but has one ever spit in your drink and you needed to prove it with a DNA test? That’s what one New York man did last year.

According to Syracuse.com, Ken Yerdon was at a Chili's with his wife, Julie Aluzzo-Yerdon, where it seemed like their waiter, Gregory Lamica, was annoyed with them. According to Yerdon, they had some minor complaints, including undercooked broccoli and no chips, but the whole time it seemed like they were getting on Lamica's nerves.

"They were busy -- we understood," Julie said. "We were patient with him, but we could tell he was annoyed with us. All Ken said to him was, 'Are you OK? Have we done something to offend you?' And he said, 'Oh, no, no."

On their way out, the Yerdons asked for drinks in to-go cups and Lamica brought them out cups as if they would pour the remains of their drinks into them, according to the police report. Instead, Yerdon asked for a refill in the new cups. Lamica was annoyed again and when he came back with the drinks, they realized that he wouldn’t look at them in the eyes, the police report added.

Once he got the drink, Yerdon said he took two sips and couldn’t see what was inside because of the Styrofoam lid. They began to drive, and the lid popped off revealing spit in the middle of Ken’s drink.

"I saw the spit in the cup," Ken Yerdon told Syracuse.com. "It wasn't regular spit either. It was definitely a loogie."

Yerdon took a picture of it, dropped his wife and 12-year-old son back off at their home, and went back to Chili’s. Once there, he met with the manager who apologized and offered coupons, but never said that the waiter was at fault.

On his way out, Yerdon ran into Lamica in the parking lot and confronted him, asking why he spit in his drink. All Lamica had to say was that he didn’t want to lose his job and was crying. The Yerdons decided to contact the state police who spoke with Lamica at Chili’s, and denied that he spit in the drink, but allowed them to take a swab sample.

Three months later, they received the results and investigators brought Lamica in to question him one last time. He again denied that he spit in the drink, according to the Yerdons, and the investigators showed him the results, leading him to confess.

According to Clay Town Court, Lamica was charged with disorderly conduct and was sentenced to a one-year conditional discharge and a $125 surcharge. He no longer works at Chili’s.

Read more at Syracuse.com.