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KARLIN v. IVF AM.

93 N.Y.2d 282 (1999)

712 N.E.2d 662

690 N.Y.S.2d 495

JAYNE KARLIN et al., Appellants, v. IVF AMERICA, INC., et al., Respondents.

Court of Appeals of the State of New York.

Decided May 4, 1999.

Attorney(s) appearing for the Case

Sheldon V. Burman, P.C., New York City (Sheldon V. Burman of counsel), for appellants.

Ledy-Gurren & Blumenstock, L. L. P., New York City (Nancy Ledy-Gurren, Deborah Bass and Elissa Shechter of counsel), for IVF America, Inc. and others, respondents.

Garfunkel, Wild & Travis, P. C., Great Neck (Jordy Rabinowitz, David E. Steckler and Steven J. Chananie of counsel), for United Hospital, respondent.

Pilkington & Leggett, P. C., White Plains (Dennis A. Vernoia of counsel), for John J. Stangel, respondent.

Eliot Spitzer, Attorney General, Albany (Peter H. Schiff, Troy J. Oechsner and Melissa Saren of counsel), for New York State Attorney General, amicus curiae.

Michael D. Hess, Corporation Counsel of New York City (Stephen J. McGrath and Marta Soja of counsel), for City of New York, amicus curiae.

Peter G.A. Safirstein, New York City, for Association of the Bar of the City of New York, amicus curiae.

Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

Chief Judge KAYE.

In order to ensure an honest marketplace, the General Business Law prohibits all deceptive practices, including false advertising, "in the conduct of any business, trade or commerce or in the furnishing of any service in this state" (General Business Law § 349 [a]; § 350; Governor's Approval Mem, L 1970, ch 43, 1970 McKinney's Session Laws of NY, at 3074). This appeal requires us to determine whether plaintiffs...

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