We agree with Special Term that defendant Profile Health Spa for Men, Inc. violated subdivision 5 of section 623 of the General Business Law by assigning plaintiff's contract to defendant Metro-Fit Corporation without his written consent. However, before the full development of the evidence at trial, we would not grant the exhaustive relief granted by Special Term on the third cause of action. Under subdivision 1 of section 628 of the General Business Law, we award damages...
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