FAER v. VERTICAL FITNESS & RACQUET CLUB


126 Misc.2d 720 (1984)

Stanley Faer, Respondent, v. Vertical Fitness and Racquet Club, Ltd., Appellant.

Supreme Court, Appellate Term, First Department.

September 26, 1984


Attorney(s) appearing for the Case

Miller & Seeger (William E. Seeger of counsel), for appellant. Stanley Faer, respondent pro se.

DUDLEY, J. P., RICCOBONO and PARNESS, JJ., concur.


Per Curiam.

Judgment entered May 12, 1983 modified by reducing the amount of plaintiff's recovery to the sum of $691.20 and, as modified, affirmed, without costs.

We affirm the trial court's factual finding that enumerated services and facilities promised by the defendant health club were substantially unavailable to the plaintiff during his membership. While the trial court awarded plaintiff the entire cost of his membership ($864), we limit his recovery...

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