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Trials & Litigation

Judge Tosses Lawyer’s Suit Against Health Club for Changing Its Breakfast Menu

Posted May 24, 2012 6:32 AM CDT
By Debra Cassens Weiss

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A New York lawyer who sued his health club because it eliminated its full breakfast menu will have to pay court costs after a judge barred him from pursuing the case.

Judge Ellen Coin of Manhattan dismissed the suit by lawyer Richard Katz this week, report the New York Daily News and the New York Post. The Daily News headline says Katz has egg on his face, its photo caption says his suit was “cap’n crunched,” and its opening paragraph says he “has to fork over $440 after a judge ruled that his lawsuit was toast.”

Katz paid $5,000 a year to belong to the Setai Club & Spa Wall Street. He previously told the Post that the club used to provide free breakfasts with “a full restaurant menu like you get in a hotel—omelets, pancakes, waffles, yogurts, meats, juices.” When the restaurant closed for a month, the spa substituted a cold buffet on a roof deck.

The Post says Katz had sought $715,000 in damages while the Daily News says he demanded more than $100,000 in damages. Besides the breakfast claim, the suit alleged a spa manager libeled Katz by sharing a copy of an email she sent to him that canceled his membership and claimed he had “blatantly harassed” her over the breakfast issue.

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