Sherry v. Citibank, N.A.

Order, Supreme Court, New York County (Herman Cahn, J.), entered January 28, 2003, which denied defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff stated a cause of action for deceptive practices and false advertising, in violation of General Business Law §§ 349 and 350, for the manner in which defendant applied finance charges for its “checking plus” accounts. A fair reading of the complaint shows that plaintiff relied on defendant’s sales literature which stated that “checking plus” permitted custom*336ers to write checks for more than the available…