Legal Opinion
Zuckerman v. BMG Direct Marketing, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 22, 2002PublishedCited by 17 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Herman Cahn, J.), entered June 28, 2000, which, in an uncertified class action for deceptive acts and practices in violation of General Business Law § 349, inter alia, granted defendant’s motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, without costs.
The complaint alleges that defendant, a music club operator engaged in the selling of musical recordings by mail, bills its customers for shipping and handling in “false” and “inflated” amounts that exceed defendant’s actual shipping and handling costs. Such…
2Cases cited3 opinions
- Sands v. Ticketmaster-New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Morelli v. Weider Nutrition Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris, Inc.District Court, E.D. New York · 2001
3Cited by17 opinions
- Cohen v. JP Morgan Chase & Co.Court of Appeals for the Second Circuit · 2007
- Appert v. Morgan Stanley Dean Witter, Inc.Court of Appeals for the Seventh Circuit · 2012
- Mendez v. Bank of America Home Loans Servicing, LPDistrict Court, E.D. New York · 2012
- Emily M. Bass, on Behalf of Herself and All Others Similarly Situated v. J.C. Penney Company, Inc.Supreme Court of Iowa · 2016
- Cohen v. J.P. Morgan Chase & Co.District Court, E.D. New York · 2009
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