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DONAHUE v. FEROLITO, VULTAGGIO & SONS

13 A.D.3d 77 (2004)

786 N.Y.S.2d 153

PETER DONAHUE et al., Appellants, v. FEROLITO, VULTAGGIO & SONS et al., Respondents.

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

December 2, 2004.

The motion court correctly dismissed the claims under General Business Law §§ 349 and 350. Plaintiffs, who purchased and drank the five beverages in question (herbal iced teas and fruit punch), failed to establish any actual damages resulting from defendants' alleged deceptive practices and false advertising on the labels (see Stutman v Chemical Bank, 95 N.Y.2d 24, 29 [2000]; St. Patrick's Home for Aged & Infirm...

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