JULES POLONETSKY, as Commissioner of the Department of Consumer Affairs of the City of New York, et al., Appellants,
v.
BETTER HOMES DEPOT, INC., et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued October 18, 2001.
Decided November 19, 2001.
Attorney(s) appearing for the Case
Michael D. Hess, Corporation Counsel of New York City (Jane L. Gordon and Edward F. X. Hart of counsel), for appellants.
Fischbein Badillo Wagner Harding, New York City (Jeffrey A. Mitchell, Richard S. Fischbein, Gil Feder and Gabriel Mendelberg of counsel), for respondents.
Eliot Spitzer, Attorney General, New York City (Preeta D. Bansal, Thomas G. Conway, Dianne E. Dixon and David Axinn of counsel), for New York State, amicus curiae.
Ronna D. Brown, New York City, and Brian D. Rauer for Better Business Bureau Serving Metropolitan New York, amicus curiae.
Hall Dickler Kent Goldstein & Wood, L. L. P., New York City (Barry M. Benjamin of counsel), for Association of the Bar of the City of New York, amicus curiae.
Stacy J. Canan, Washington, D.C., Deborah M. Zuckerman, Jean Constantine-Davis, Nina F. Simon and Michael Schuster for AARP, amicus curiae.
Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and GRAFFEO concur.
Court of Appeals of the State of New York.
OPINION OF THE COURT
ROSENBLATT, J.
New York City's Consumer Protection Law prohibits "any deceptive or unconscionable trade practice in the sale, lease, rental or loan * * * of any consumer goods or services" (Consumer Protection Law [Administrative Code of City of NY] § 20-700). Defendants, Better Homes Depot and its president, Eric Fessler, are in the business of purchasing, repairing and then reselling...
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