NESS v. PAN AM. WORLD AIRWAYS


142 A.D.2d 233 (1988)

Barbara Ness, Appellant, v. Pan American World Airways et al., Respondents

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

November 28, 1988


Attorney(s) appearing for the Case

Auerbach, Lewittes & Plescia (Laura L. Spring and Paul M. Lewittes on the brief), for appellant.

Kramer, Levin, Nessen, Kamin & Frankel (Daniel A. Rizzi and Kenneth J. McCulloch on the brief), for respondents.

LAWRENCE, J. P., WEINSTEIN and RUBIN, JJ., concur.


BALLETTA, J.

The dispositive issue in this case is whether the respondent Pan American WorldClub is a "place of public accommodation" within the meaning of Executive Law § 296 (2) (a) and § 292 (9). For the reasons set forth herein, we hold that it is not and that the order appealed from should be affirmed.

Pan American WorldClub (hereinafter WorldClub) is a travel program wholly owned and...

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