Austin v. Albany Law School of Union University

OPINION OF THE COURT

Richard M. Platkin, J.

In this action premised on alleged violations of General Business Law §§ 349 and 350, common-law fraud and negligent misrepresentation, defendant Albany Law School of Union University (ALS) moves pursuant to CPLR 3211 (a) (1) and (7) for dismissal of the amended complaint.

Background

In February 2012, three recent graduates of ALS commenced this action on behalf of themselves and others similarly situated. An amended class action complaint (complaint) was filed in May 2012, which added a fourth recent graduate as plaintiff. According to the complaint,…