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WEINBERG v. HERTZ CORP.

116 A.D.2d 1 (1986)

Frederic E. Weinberg, Individually and on Behalf of All Others Similarly Situated, Appellant, v. Hertz Corporation, Respondent

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

March 11, 1986

Attorney(s) appearing for the Case

Sheldon Burman, P. C., for appellant.

Myron Kirschbaum of counsel (Peter M. Fishbein, Donald Levinsohn and Christine L. Andreoli with him on the brief; Kaye, Scholer, Fierman, Hays & Handler, attorneys), for respondent.

Andrea C. Levine of counsel (Peter Bienstock and Mary Hilgeman with her on the brief; Robert Abrams, Attorney-General, attorney), for State of New York, amicus curiae.

KUPFERMAN, J. P., SULLIVAN, KASSAL and ROSENBERGER, JJ., concur.

FEIN, J.

This is an action seeking injunctive relief and damages against the Hertz Corporation (Hertz) for acts and practices in the automobile rental business, alleged to be unfair, deceptive and in breach of contract. The allegations before us relate to (1) defendant's service charges for refueling returned rental cars; (2) the daily charges for insurance coverage in the nature of collision damage waiver (CDW...

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