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PENSION FUND v. MARINE BANK

85 N.Y.2d 20 (1995)

647 N.E.2d 741

623 N.Y.S.2d 529

Oswego Laborers' Local 214 Pension Fund et al., Appellants, v. Marine Midland Bank, N. A., Respondent.

Court of Appeals of the State of New York.

Decided February 14, 1995.

Attorney(s) appearing for the Case

Blitman & King, Syracuse (Donald D. Oliver and Charles E. Blitman of counsel), for appellants.

Hancock & Estabrook, Syracuse (Janet D. Callahan of counsel), for respondent.

Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur; Judge SMITH taking no part.

Chief Judge KAYE.

This appeal by two union funds from dismissal of their action against a bank focuses on the meaning of the phrase "[d]eceptive acts and practices" as used in General Business Law § 349. We conclude that there are questions of fact as to whether the bank's acts constituted conduct prohibited by the statute.

According to the undisputed facts...

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