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ANONYMOUS v. CVS CORP.

188 Misc.2d 616 (2001)

728 N.Y.S.2d 333

ANONYMOUS, on Behalf of Himself and All Others Similarly Situated, Plaintiff, v. CVS CORPORATION et al., Defendants.

Supreme Court, New York County.

March 1, 2001.

Attorney(s) appearing for the Case

Mintz Levin Cohn Ferris Glovsky & Popeo, P. C. (Michael S. Gardener and Kevin M. McGinty of counsel), for CVS Corporation and another, defendants.

Barry, McTiernan & Moore (Suzanne M. Halbardier of counsel), for Trio Drugs Corp. and another, defendants.

Levi Lubarsky & Feigenbaum, L. L. P. (Richard F. Lubarsky of counsel), for plaintiff.

OPINION OF THE COURT

CHARLES EDWARD RAMOS, J.

Motion sequence Nos. 002 and 003 are hereby consolidated for purposes of disposition.

In this purported class action challenging the purchase and sale of customers' medical and prescription information without their knowledge or consent, defendants, CVS Corporation, CVS Columbus Place, L. L. C. (CVS), Trio Drugs Corp. (Trio Drugs), and Gerald Hinderstein (Hinderstein), seek dismissal of the complaint...

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