Moore v. Wood

The motion is to dismiss and sever the complaint against defendant Frank Gr. Shattuck Company on the ground it fails to state a cause of action and for summary judgment in favor of said defendant.

The complaint is for damages sustained by plaintiff for mental anguish and humiliation and exposure to public ridicule as a result of defendant’s refusal to serve plaintiff luncheon in its restaurant.

Plaintiff makes no claim that he was refused service because of race, creed or color and does not, therefore, rely on sections 40 and 41 of the Civil Rights Law; he relies, instead, on the common-law…