Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
This appeal by two union funds from dismissal of their action against a bank focuses on the meaning of the phrase "[deceptive acts and practices” as used in General Business Law § 349. We conclude that there are questions of fact as to whether the bank’s acts constituted conduct prohibited by the statute.
According to the undisputed facts, plaintiffs Pension Fund and Welfare Fund are not-for-profit associations that administer pension benefits and health insurance for union members and their beneficiaries. Both Funds had dealt with defendant Marine Midland…
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