CANARIO v. GUNN


300 A.D.2d 332 (2002)

751 N.Y.S.2d 310

ARTHUR CANARIO et al., Appellants, v. ROBERT GUNN et al., Defendants, and PRUDENTIAL LONG ISLAND REALTY et al., Respondents.

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

Decided December 9, 2002.


Ordered that the order is affirmed insofar as appealed from, with costs.

The respondents, acting as real estate agents for the seller of waterfront property improved with a home and in-ground pool in Hampton Bays, New York, advertised that the property was 1.5 acres in size, when the property was actually only .78 of an acre in size. At issue here is whether this misrepresentation constitutes a violation of General Business Law §§ 349 and 350.

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