WEINER v. M. FORTUNOFF OF WESTBURY, INC.


45 A.D.2d 718 (1974)

Alice M. Weiner, on Behalf of Herself and All Other Persons Similarly Situated, Respondent, v. M. Fortunoff of Westbury, Inc., Doing Business as Fortunoff Westbrook, Fortunoff and Fortunoff, New York, Appellant

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

June 3, 1974


Order reversed, on the law, with $20 costs and disbursements, and motion granted.

In the light of the determination in Zachary v. R. H. Macy & Co. (31 N.Y.2d 443), the complaint should have been dismissed. Moreover, in connection with the untenability as a matter of law of the second cause of action, see Household Finance Corp. v. Goldring (263 App. Div. 524, 527, affd....

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