CONNOLLY v. WeCARE DISTRIBS.


143 Misc.2d 637 (1989)

Maryann Connolly et al., on Behalf of Herself and All Others Similarly Situated, Plaintiffs, v. WeCare Distributors, Inc., Defendant.

Supreme Court, Monroe County.

April 5, 1989


Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle for defendant. Shoolman Law Firm, P. C. (Carl L. Shoolman of counsel), for plaintiffs.


HAROLD L. GALLOWAY, J.

The defendant's motion pursuant to CPLR 3211 (a) (7) for an order dismissing plaintiffs' complaint for failure to state a cause of action is denied.

The issue presented on this motion is whether the deceptive practices alleged herein by plaintiffs against defendant are actionable under section 349 of the General Business Law. The defendant contends that the statute affords relief...

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