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MATTER OF CREST AUTO LEASING, INC. v. GREEN

211 A.D.2d 525 (1995)

622 N.Y.S.2d 441

In the Matter of Crest Auto Leasing, Inc., Doing Business as The Any Car Store, Petitioner, v. Mark Green, as Commissioner of New York City Department of Consumer Affairs, et al., Respondents

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

January 19, 1995

Respondent's determination is supported by substantial evidence. The ads are deceptive because the true prices are not the "clear import" of the ads (see, Matter of Dubrowsky v Ambach, 88 A.D.2d 1004, 1005). The penalty is not so disproportionate as to shock one's sense of fairness (see, Matter of Keenan v New York State Liq. Auth., 205 A.D.2d 359).

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