In our view a full exploration of the relevant facts and circumstances is necessary to enable the court to balance the equities and arrive at a proper decision at least as to restitution and as to civil penalties under subdivision (b) of section 349 and section 350-c of the General Business Law. In the circumstances, if we were minded to grant partial summary judgment for a permanent injunction, "No time or effort of either the court or the litigants" would be spared thereby...
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