Legal Opinion

People v. Volkswagen of America, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided April 3, 1975PublishedCited by 19 opinions

1Opinion of the Court

Order entered in the Supreme Court, New York County, on November 29, 1974, denying plaintiff’s motion for summary judgment, unanimously modified, on the law, so as to grant that portion of the motion seeking the imposition of a civil penalty pursuant to section 350-c of the General Business Law for unlawful advertising by the defendant. The matter is remanded to Special Term for a plenary hearing to determine the amount of the penalty. The order, as thus modified, is affirmed, without costs. We are unanimous in finding the advertisement complained of to be misleading and deceptive. The test…

2Cases cited6 opinions

  1. Swift & Co. v. United StatesSupreme Court of the United States · 1928
  2. People v. Federated Radio CorporationNew York Court of Appeals · 1926
  3. Lefkowitz v. E. F. G. Baby Products Co.Appellate Division of the Supreme Court of the State of New York · 1973
  4. Floersheim v. WeinburgerDistrict Court, District of Columbia · 1972
  5. People v. GluboNew York Court of Appeals · 1959

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  2. Genesco Entertainment, a Div. of Lymutt v. KochDistrict Court, S.D. New York · 1984
  3. McDonald v. North Shore Yacht Sales, Inc.New York Supreme Court · 1987
  4. Geismar v. Abraham & StrausSuffolk County District Court · 1981
  5. Wegmans Food Markets, Inc. v. Scrimpsher (In Re Scrimpsher)United States Bankruptcy Court, N.D. New York · 1982

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