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JONES v. ARCHIBALD

45 A.D.2d 532 (1974)

Kenneth L. Jones, Respondent, v. Nate Archibald, Defendant; All-Pro Reps, Inc., Appellant

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

October 24, 1974.

Attorney(s) appearing for the Case

Jerry A. Davis for appellant.

Donald M. Silverberg for respondent.

MOULE, CARDAMONE, SIMONS and MAHONEY, JJ., concur.

GOLDMAN, J.

Defendant, All-Pro Reps, Inc., (All-Pro), appeals from a denial of its motion to dismiss the complaint for failure to state a cause of action. (CPLR 3211, subd. [a], par. 7.) The issue revolves around the liability of an agent of a professional athlete for damages resulting from the failure of the principal to make a promised appearance at plaintiff's basketball camp.

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