United States Second Circuit

In a putative class action alleging breach of contract and unfair trade practices, contending that plaintiffs purchased furniture maintenance agreements containing a termination clause that runs afoul of New York General Business Law section 395-a, the District Court's dismissal of the complaint for failure to state a claim upon which relief can be granted is suspended pending the resolution of two certified questions to the New York Court of Appeals: 1) May parties seek to have contractual provisions that run contrary to General Business Law section 395-a declared void as against public policy?; and 2) May plaintiffs bring suit pursuant to section 349 on the theory that defendants deceived them by including a contractual provision that violates section 395-a and later enforcing this agreement?

Appellate Information

• Decided 07/10/2012
• Published 07/10/2012

Judges

• STRAUB

Court

• United States Second Circuit

Counsel