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Law Humor

: Lowering the Bar

"Plaintiff Has No Recollection of What Transpired in the Private Room"

By Kevin Underhill

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In January, Gerard Wall sued a business in New York for allegedly overcharging his credit card.  The complaint is roughly 15 pages long, but I think I've successfully condensed it by selecting just the following eight sentences:

On Friday, December 12, 2008, Plaintiff WALL entered the premises at about 8:30 p.m.

At the aforementioned time and place, he was approached by a dancer who invited him to have a private lap dance in a separate room from the bar area.

At no time did Plaintiff willfully submit his Discover card to the Defendant.

Plaintiff has no recollection of what transpired after he was led from the bar area into the private room.

Plaintiff has absolutely no recollection of what transpired once he left the bar area and entered the private room.

[Plaintiff's credit cards were] charged an aggregate amount of $21,620.60.

Plaintiff did not receive Twenty One Thousand Six Hundred Twenty Dollars and Sixty Cents ($21,620.60) worth of alcoholic beverages and/or other services throughout the evening.

By way of the foregoing, Defendant has been and continues to be unjustly enriched.

I realize that could have been shortened by at least one sentence, but it appears that Plaintiff wishes to emphasize that he has no recollection of what transpired once he entered the private room, and so I've sought to preserve that.

Link: Wall v. 12th Street-New York d/b/a Larry Flynt's Hustler Club

Full post as published by Lowering the Bar on May 10, 2010 (boomark / email).

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