PAULASS v. ASTAIRE DANCE STUDIOS


36 Misc.2d 89 (1962)

Katherine Paulass, Plaintiff, v. Fred Astaire Dance Studios Corp. et al., Defendants.

Supreme Court, Special Term, New York County.

July 2, 1962


Attorney(s) appearing for the Case

Maggin & Swan (Alfred J. Swan and Mortimer H. Kass of counsel), for Fred Astaire Dance Studios Corp., defendant. Matthew H. Brandenburg and Dominick A. Dattilo for plaintiff.


FRANCIS X. CONLON, J.

Defendant, Fred Astaire Dance Studios Corporation, moves for summary judgment dismissing the complaint. Plaintiff has alleged five causes of action in fraud in connection with five contracts for dance lessons made by the plaintiff with the defendant's licensee. The sixth cause of action is in rescission. The application is based on the contention that the licensee is not authorized to and at no time acted as the agent of the defendant...

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