Richard Katz, a NYC lawyer, has lost his breach-of-contract lawsuit against a pricey healthclub that changed its breakfast menu. Katz was a member of The Setai Wall Street Club and Spa, and he was upset when the yogurt and cereal normally provided by the club was discontinued. He sent a series of upset emails to the club's manager, who cancelled his membership. Katz sued, citing damages in excess of $100,000, and an additional $5,000 in damages for an alleged libel from the manager, who wrote an email in response and is alleged to have shown it to a third party. Lowering the Bar has more:
To me, the great thing about this email is not that a lawyer got furious over somebody failing to dish up the yogurt and cereal. It's that even in the grip of this fury, he still wrote "two (2) weeks." Why do people do this? Maybe it made sense when things were written in longhand, but now that we have email and printers and whatnot there is generally not much controversy over what "two" is supposed to mean. If you haven't picked up this habit yet, don't...
Manhattan Supreme Court Justice Ellen Coin dismissed the case this week, according to the New York Daily News. While there seems to have been no written opinion, according to the manager's attorney the judge told Katz at the hearing that "he should be ashamed of himself" for filing the suit. That's hearsay, but the judge did order Katz to pay $440 in costs, which suggests what she thought of the case. The manager's attorney praised the decision for throwing out a case that was "embarrassing to the profession."
Lawyer's Defective-Breakfast Suit Dismissed
(Image: Yogurt freak, a Creative Commons Attribution (2.0) image from dan4th's photostream)
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