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EXPRESSIONS HAIR DESIGN v. SCHNEIDERMAN

No. 13 Civ. 3775(JSR).

975 F.Supp.2d 430 (2013)

EXPRESSIONS HAIR DESIGN, Linda Fiacco, The Brooklyn Farmacy & Soda Fountain, Inc., Peter Freeman, Bunda Starr Corp., Donna Pabst, Five Points Academy, Steve Milles, Patio.com LLC, and David Ross, Plaintiffs, v. Eric T. SCHNEIDERMAN, in his official capacity as Attorney General of the State of New York, Cyrus R. Vance, Jr., in his official Capacity as District Attorney of New York County, Charles J. Hynes, in his official capacity as District Attorney of Kings County, and Gerald F. Mollen, in his official capacity as District Attorney for Broome County, Defendants.

United States District Court, S.D. New York.

October 3, 2013.

Attorney(s) appearing for the Case

Deepak Gupta , Gupta Beck PLLC, Washington, DC, Gary B. Friedman , Scott H. Levy , Tracey Kitzman , Friedman Law Group, New York, NY, Mark A. Wendorf , Reinhardt, Wendorf & Blanchfield, St. Paul, MN, for Plaintiff.

Garrett Joseph Coyle , Sheryl Rebecca Neufeld , Sharon Nicole Scher , New York City Law Department, New York, NY, for Defendants.

PRELIMINARY INJUNCTION, OPINION, AND ORDER

JED S. RAKOFF, District Judge.

Alice in Wonderland has nothing on section 518 of the New York General Business Law. Under the most plausible interpretation of that section, if a vendor is willing to sell a product for $100 cash but charges $102 when the purchaser pays with a credit card, the vendor risks prosecution if it tells the purchaser that the...

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