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Case of the $5K designer umbrella ruled frivolity

NEW YORK (AP) - It's a rainy day for the Manhattan restaurateur who sued a supermodel claiming
she intentionally damaged his designer umbrella, said to be worth $5,000.

State Supreme Court Justice Joan A. Madden threw out Nello Balan's lawsuit Friday.

She also fined Balan's attorney $500 for filing a frivolous claim and said motions the attorney
filed were a "waste of judicial resources."

Balan claimed he lent supermodel Le Call his limited-edition leather umbrella designed by Jean-Paul Gaultier
and she belatedly returned it to him in two pieces.

Balan, owner of the celeb magnet Nello's, sought $1 million in the lawsuit and claimed emotional distress
over the damaged umbrella. Attorneys for both sides have declined to comment.

http://apnews.myway.com/article/20080914/D9367BI03.html
 
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