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POLONETSKY v. BETTER HOMES

185 Misc.2d 282 (2000)

712 N.Y.S.2d 801

JULES POLONETSKY, as Commissioner of the Department of Consumer Affairs of the City of New York, et al., Plaintiffs, v. BETTER HOMES DEPOT, INC., et al., Defendants.

Supreme Court, New York County.

July 14, 2000.

Attorney(s) appearing for the Case

Fischbein Badillo Wagner & Harding, New York City (Jeffrey Mitchell of counsel), for defendants.

Michael D. Hess, Corporation Counsel of New York City (Robert A. Martin of counsel), for plaintiffs.

OPINION OF THE COURT

MARCY S. FRIEDMAN, J.

In this action, plaintiffs sue to enjoin defendants from "committing deceptive trade practices in the marketing and sale of residential homes," and to recover fines pursuant to Administrative Code of the City of New York § 20-700 et seq. (Consumer Protection Law). Defendants bring this pre-answer motion to dismiss pursuant to CPLR 3211 (a) (3) and (7). Plaintiffs...

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