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NEWSDAY, INC. v. THE FANTASTIC MIND, INC.

237 A.D.2d 497 (1997)

655 N.Y.S.2d 583

Newsday, Inc., Appellant, v. The Fantastic Mind, Inc., Respondent

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

March 24, 1997

Ordered that the order is reversed, on the law, with costs, the motion is granted, the counterclaim is dismissed, and the cross motion is denied.

The allegations in the defendant's counterclaim to recover damages for the plaintiff's alleged violation of the Donnelly Act (General Business Law § 340) were insufficient to state a cause of action for violation of that statute. A party asserting a violation of the Donnelly Act is required to (1) identify the relevant...

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