Legal Opinion
Lenz Hardware, Inc. v. Wilson
Appellate Division of the Supreme Court of the State of New York
Decided July 8, 1999PublishedCited by 2 opinions
1Opinion of the CourtYesawich Jr., J.
Appeal from an order of the Supreme Court (Best, J.), entered May 15, 1998 in Montgomery County, which, inter alia, granted defendant’s motion to dismiss the complaint for failure to state a cause of action.
This action has its origin in an advertisement placed in a pennysaver publication by defendant, who is a member of the limited liability company that operates a hardware store known as St. Johnsville Hardware and Gifts. The advertisement, which provided a comparison of St. Johnsville’s prices with that of a local competitor, plaintiff Lenz Hardware, Inc., also *633included the following…
2Cases cited5 opinions
- James v. Gannett Co.New York Court of Appeals · 1976
- Armstrong v. Simon & Schuster, Inc.New York Court of Appeals · 1995
- Weiner v. Doubleday & Co.New York Court of Appeals · 1989
- Cuthbert v. National Organization for WomenAppellate Division of the Supreme Court of the State of New York · 1994
- Jackson v. QuinnAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by2 opinions
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- Thomas v. Journal Register Co.Appellate Division of the Supreme Court of the State of New York · 2005