MATTER OF PEOPLE v. ALEXANDERS DEPT. STORE, INC.


42 A.D.2d 532 (1973)

In the Matter of The People of the State of New York by Louis J. Lefkowitz, Attorney-General of The State of New York, Appellant, v. Alexanders Dept. Store, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 12, 1973


Enforcement of section 349 of the General Business Law can only be effected by strict compliance with the statutory mandate, including its notice provisions. The purported violation herein sought to be enjoined is apparently a single offense unlikely to be repeated by the respondent. Furthermore, since the act involved occurred in December, 1971, and the instant proceeding for an injunction was not commenced until seven months after the offending conduct, in the absence of...

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