Court of Appeals of New York

By memorandum, a judgment of the Supreme Court and an order of the Appellate Division brought up for review are reversed, and the defendant's motion to dismiss the plaintiff's General Business Law sections 349 and 350 causes of action denied, where: 1) the plaintiff sufficiently pleaded such causes of action; 2) the disclaimers set forth in the defendant's catalogs did not bar the plaintiff's claims for deceptive trade practices, as they did not establish a defense as a matter of law; and 3) to the extent that the Appellate Division order imposed a reliance requirement on General Business Law sections 349 and 350 claims, it was error.

Appellate Information

• Decided 03/27/2012
• Published 03/27/2012

Judges

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Joseph J. Saltarelli, Stephen B. Meister