State v. Mohawk Arms, Inc.

Petitioner moves pursuant to subdivision 12 of section 63 of the Executive Law for an order permanently enjoining the respondent from conducting and transacting its business in a persistent fraudulent and illegal manner and directing restitution to a consumer doing business with respondent. Respondent cross-moves for dismissal of the petition upon the ground that it fails to state a cause of action.

The action arises out of the sale of a purportedly genuine German garde de corps officer's helmet by respondent to one *624Joseph Perlow, a United States army officer. The purchase price was $1,800…