Legal Opinion

Rhodes v. Herz

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

Decided March 22, 2011PublishedCited by 22 opinions

1Opinion of the Court

OPINION OF THE COURT

Roman, J.

The issue before us is whether article 11 of the General Business Law, by its terms, provides an express private right of action and whether, in the absence of such an express right, one is nevertheless implied. We hold, and indeed not for the first time, that article 11 does not provide either an express or an implied private right of action against licensed or unlicensed employment agencies or their agents. Accordingly, plaintiffs first, fifth, sixth and seventh causes of action, premised on violations of article 11, were properly dismissed.

*3According to the…

2Cases cited17 opinions

  1. Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
  2. Cron v. Hargro Fabrics, Inc.New York Court of Appeals · 1998
  3. Sheehy v. Big Flats Community Day, Inc.New York Court of Appeals · 1989
  4. Sokoloff v. Harriman Estates Development Corp.New York Court of Appeals · 2001
  5. AHA Sales, Inc. v. Creative Bath Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2008

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3Cited by22 opinions

  1. Schlessinger v. Valspar Corp.Court of Appeals for the Second Circuit · 2012
  2. Grunewald v. Metropolitan Museum of ArtAppellate Division of the Supreme Court of the State of New York · 2015
  3. Affordable Housing Associates, Inc. v. Town of BrookhavenNew York Supreme Court · 2015
  4. Gordon v. Consolidated Edison Inc.Appellate Division of the Supreme Court of the State of New York · 2021
  5. Ortiz v. Ciox Health LLCDistrict Court, S.D. Illinois · 2019

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

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