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TAYLOR v. BMG DIRECT MARKETING, INC.

299 A.D.2d 181 (2002)

749 N.Y.S.2d 31

GERALD J. TAYLOR, Appellant, v. BMG DIRECT MARKETING, INC., Respondent.

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

Decided November 12, 2002.

Plaintiff's allegations, that defendant's fully disclosed shipping and handling charges are deceptive and misleading because they exceed defendant's actual costs, manifestly fail to state any cognizable claim since they are indistinguishable from those already determined to be insufficient to state a cause of action in Zuckerman v BMG Direct Mktg. (290 A.D.2d 330, lv denied 98 N.Y.2d 602). There, we held that "a disclosure...

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