Appellate Terms of the Supreme Court of New York February 5, 1943 (Heuman v. Panhellenic House Ass'n)

Per Curiam.

While respondent claims that irrespective of the statute her common-laAV right was violated, she allegés a first cause of action only under the statute. In that respect her complaint is defective because there is no allegation that she was denied service because of “ race, creed or'color ” — a limitation contained in section 40 of the Civil Rights Law. (Woollcott v. Shubert, 217 N. Y.