section 349 actionable (New York) · Go Syfert
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section 349 actionable in New York

5 New York opinions name it 3 courts 2007–2018 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Maple House, Inc. v. Alfred F. Cypes & Co.green
nyappdiv · 2011 · cited in 2 New York opinions naming this issue, 2012–2012
2 sentences

2012Under-reporting the purchase price is not actionable under General Business Law § 349, as it was not predicated upon an act or practice that was misleading in a material way, or an act or practice that was consumer oriented (see Oswego Laborers’ Local 214 Pension Fund v Marine Midland Bank, 85 NY2d at 25 ; Maple House, Inc. v Alfred F. Cypes & Co., Inc., 80 AD3d 672, 673 [2011]).

2012Under-reporting the purchase price is not actionable under General Business Law § 349, as it was not predicated upon an act or practice that was misleading in a material way, or an act or practice that was consumer oriented (see Oswego Laborers’ Local 214 Pension Fund v Marine Midland Bank, 85 NY2d at 25 ; Maple House, Inc. v Alfred F. Cypes & Co., Inc., 80 AD3d 672, 673 [2011]).

22
Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.green
ny · 1995 · cited in 3 New York opinions naming this issue, 2009–2012
2 sentences

2012Under-reporting the purchase price is not actionable under General Business Law § 349, as it was not predicated upon an act or practice that was misleading in a material way, or an act or practice that was consumer oriented (see Oswego Laborers’ Local 214 Pension Fund v Marine Midland Bank, 85 NY2d at 25 ; Maple House, Inc. v Alfred F. Cypes & Co., Inc., 80 AD3d 672, 673 [2011]).

2012Under-reporting the purchase price is not actionable under General Business Law § 349, as it was not predicated upon an act or practice that was misleading in a material way, or an act or practice that was consumer oriented (see Oswego Laborers’ Local 214 Pension Fund v Marine Midland Bank, 85 NY2d at 25 ; Maple House, Inc. v Alfred F. Cypes & Co., Inc., 80 AD3d 672, 673 [2011]).

13
Verizon Directories Corp. v. Yellow Book USA, Inc.green
nyed · 2004 · cited in 1 New York opinions naming this issue, 2007–2007
1 sentence

2007Defendant further notes that there is no published decision construing the term “exaggeration” as concerns section 20-701 of the Administrative Code, and argues that “puffery,” defined as “exaggeration or overstatement expressed in broad, vague, and commendatory language,” “a general claim of superiority over comparable products that is so vague that it can be understood as nothing more than a mere expression of opinion,” and an “exaggerated, blustering, and boasting statement upon which no reasonable buyer would rely” is not actionable under General Business Law §§ 349 and 350 (defendant’s me

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Gaidon v. Guardian Life Insurance of America green
ny · 2001
1 sentence

2018In Gaidon II the Court explained its prior decision in Gaidon I held that because the promotional illustrations used in selling the offending premium policies contained disclaimers, the misrepresentations in those materials and by the agents did not constitute common-law fraud, but might be actionable under General Business Law § 349 ( 96 NY2d at 209 ).

12018–2018
Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris USA Inc. green
ny · 2004
2 sentences

2009In rendering this decision, we noted the lack of any clear indication from the Legislature that derivative injuries were actionable under section 349 (h) (see id. at 206-207 ), our concern with expanding section 349 to permit “ ‘a tidal wave of litigation against businesses that was not intended by the Legislature’ ” (see id. at 207 , quoting Oswego Laborers’ Local 214 Pension Fund v Marine Midland Bank, 85 NY2d 20, 26 [1995]), and that our holding was “in accord with several other courts that recognize a remoteness bar to recovery under their state consumer protection statutes” (see id. at 20

2009In rendering this decision, we noted the lack of any clear indication from the Legislature that derivative injuries were actionable under section 349 (h) (see id. at 206-207 ), our concern with expanding section 349 to permit “ ‘a tidal wave of litigation against businesses that was not intended by the Legislature’ ” (see id. at 207 , quoting Oswego Laborers’ Local 214 Pension Fund v Marine Midland Bank, 85 NY2d 20, 26 [1995]), and that our holding was “in accord with several other courts that recognize a remoteness bar to recovery under their state consumer protection statutes” (see id. at 20

12009–2009

Statutes the citing opinions construe

NY § N.Y. General Business Law § 349 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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