Wallace v. Shoreham Hotel Corp.

HOOD, Associate Judge.

This appeal is from an order dismissing a complaint for failure to state a cause of action. The substance of the complaint is that plaintiff, in company with his wife and four friends, was a guest at the cocktail lounge of defendant’s hotel; that, in payment of the check rendered, plaintiff gave the waiter a $20 bill but received change for only $10; that the waiter insisted he had received from plaintiff a $10 bill and stated publicly for all in the lounge to hear: “We have had people try this before” ; that in fact plaintiff had tendered a $20 bill, which fact was…