Legal Opinion
Koch v. ACKER, MERRALL & CONDIT COMPANY
New York Court of Appeals
Decided March 27, 2012No. 117 SSM 13PublishedCited by 208 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The judgment of Supreme Court appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and defendant’s motion to dismiss plaintiffs General Business Law §§ 349 and 350 causes of action denied. To successfully assert a claim under General Business Law § 349 (h) or § 350, “a plaintiff must allege that a defendant has engaged in (1) consumer-oriented conduct that is (2) materially misleading and that (3) plaintiff suffered injury as a result of the allegedly deceptive act or practice” (City of New York v…
2Cases cited5 opinions
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.New York Court of Appeals · 1995
- Small v. Lorillard Tobacco Co.New York Court of Appeals · 1999
- Gaidon v. Guardian Life Insurance Co. of AmericaNew York Court of Appeals · 1999
- City of New York v. Smokes-Spirits.Com, Inc.New York Court of Appeals · 2009
3Cited by208 opinions
- Orlander v. Staples, Inc.Court of Appeals for the Second Circuit · 2015
- Oden v. Bos. Scientific Corp.District Court, E.D. New York · 2018
- Greene v. Gerber Products Co.District Court, E.D. New York · 2017
- Quinn v. Walgreen Co.District Court, S.D. New York · 2013
- In re Conagra Foods, Inc.District Court, C.D. California · 2015
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