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Carter v. Tarantelli

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 28, 1940
259 App. Div. 1068 (N.Y. App. Div. 1940)

Opinion

June 28, 1940.

Present — Crosby, P.J., Cunningham, Taylor, Dowling and McCurn, JJ.


Order reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, on the ground that the second count of the complaint fails to state a cause of action beyond that alleged in the first cause of action. (See Brewster v. Rogers Co., 169 N.Y. 73, 80; 30 Fed. Cases, 999, 1000, Case No. 18,258.) All concur. (The order denies defendants' motion to dismiss the complaint as to the second cause of action. The first cause of action is to recover a penalty for the refusal of defendants to serve plaintiff in a public restaurant because plaintiff was colored. The second cause of action is for damages sustained by plaintiff by reason of her being compelled to leave the restaurant without service.)


Summaries of

Carter v. Tarantelli

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 28, 1940
259 App. Div. 1068 (N.Y. App. Div. 1940)
Case details for

Carter v. Tarantelli

Case Details

Full title:CARRIE LEE CARTER, Respondent, v. LORETO TARANTELLI and Others, Appellants

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 28, 1940

Citations

259 App. Div. 1068 (N.Y. App. Div. 1940)

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