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PEOPLE v. VOLKSWAGEN OF AM., INC.

47 A.D.2d 868 (1975)

The People of the State of New York by Louis J. Lefkowitz, Attorney-General of The State of New York, Appellant, v. Volkswagen of America, Inc., Respondent

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

April 3, 1975

The order, as thus modified, is affirmed, without costs.

We are unanimous in finding the advertisement complained of to be misleading and deceptive. The test is not whether the average man would be deceived. Sections 349 and 350 of the General Business Law were enacted to safeguard the "vast multitude which includes the ignorant, the unthinking and the credulous" (Floersheim v Weinburger, 346 F.Supp. 950, 957). Deceptive...

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