United States Second Circuit

In a suit arising out of a computer protection plan, alleging breach of contract and violations of New York General Business Law section s 349 and 350, which prohibit deception of consumers and false advertising, the district court's rulings in favor of defendant are vacated where: 1) plaintiff has adequately alleged a materially misleading practice and an injury under N.Y, GBL section s349 and 350; and 2) with respect to the breach of contract claim, the court erred in finding the contract to unambiguous, in requiring plaintiff to allege a "material" breach, and in finding that plaintiff had failed to adequately allege damages.

Appellate Information

• Decided 09/16/2015
• Published 09/16/2015

Judges

• LEVAL

Court

• United States Second Circuit

Counsel