Abramovitz v. Paragon Sporting Goods Co.

—Order, Supreme Court, New York County (Lewis Friedman, J.), entered December 9, 1992, which, inter alia, granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action and, upon a search of the record, summary judgment pursuant to CPLR 3212 and which denied plaintiff’s cross motion seeking partial summary judgment on the first cause of action of the complaint and class action certification, unanimously affirmed, with costs.

Plaintiff, who, on January 18, 1992, purchased an exercise *207bicycle at the advertised "sales” price of $199,…