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HARDER v. AUBERGE DES FOUGERES

40 A.D.2d 98 (1972)

George W. Harder, Appellant, v. Auberge Des Fougeres, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 30, 1972.

Attorney(s) appearing for the Case

George W. Harder, appellant in person.

O'Connell & Aronowitz (Max Gordon of counsel), for respondents.

HERLIHY, P. J., GREENBLOTT and KANE, JJ., concur in Per Curiam opinion; SIMONS and REYNOLDS, JJ., dissent and vote to affirm in an opinion by REYNOLDS, J.

Per Curiam.

This is an appeal from an order of the Supreme Court at Special Term, entered March 7, 1972 in Albany County, which granted defendants' motion to dismiss the complaint for failure to state a cause of action.

The first cause of action alleged by appellant states, in part, that respondent "unlawfully, willfully, deliberately, and without just cause, refused to admit or seat plaintiff and his guests

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