Legal Opinion

Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.

New York Court of Appeals

Decided February 14, 1995PublishedCited by 849 opinions

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…

2Cases cited2 opinions

  1. Genesco Entertainment, a Div. of Lymutt v. KochDistrict Court, S.D. New York · 1984
  2. Varela v. Investors Insurance Holding Corp.New York Court of Appeals · 1993

3Cited by849 opinions

  1. Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
  2. New York University v. Continental InsuranceNew York Court of Appeals · 1995
  3. Nick's Garage, Inc. v. Progressive Casualty Insurance Co.Court of Appeals for the Second Circuit · 2017
  4. Orlander v. Staples, Inc.Court of Appeals for the Second Circuit · 2015
  5. Stutman v. Chemical BankNew York Court of Appeals · 2000

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