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MATTER OF STATE v. ITALIAN LINE

43 N.Y.2d 851 (1978)

In the Matter of the State of New York by Louis J. Lefkowitz, as Attorney-General, Appellant, v. Italian Line, Respondent.

Court of Appeals of the State of New York.

Decided February 7, 1978.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Earl S. Roberts and Samuel A. Hirshowitz of counsel), for appellant.

Thomas Coyne, Louis J. Gusmano, Charles N. Fiddler and Alexander Vitale for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

Order affirmed, with costs. Respondent Italian Line was not shown to have engaged in any practice forbidden by subdivision 12 of section 63 of the Executive Law or to have engaged in such practice on a repeated or persistent basis. In connection with a contract for ocean passage the ticket reservation of the power to increase the fare was not suspect of an unconscionable or illegal scheme. The Italian Line used...

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