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Odom v. East Avenue Corp.

264 A.D. 985 Court N.Y. App. Div. Decision date 1942-09-23 English

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p. 985
Spencer Odom, Respondent, v. East Avenue Corporation, Appellant. Jay Toney, Respondent, v. East Avenue Corporation, Appellant. Homer Smith, Respondent, v. Bast Avenue Corporation, Appellant. Lowell Peters, Respondent, v. Bast Avenue Corporation, Appellant.

Order affirmed, with ten dollars costs and disbursements. All concur. (The order denies defendant’s motion to dismiss the second cause of action in the complaints in four actions to recover penalties provided by statute for defendant’s refusal to serve plaintiffs in defendant’s dining room because they were negroes, and to recover damages suffered by plaintiffs because of the humiliation imposed by such refusal.) Present ■— Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ. [ 178 Misc. 363 .]

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