GOLDBERG v. ENTERPRISE RENT-A-CAR CO.


14 A.D.3d 417 (2005)

789 N.Y.S.2d 114

MICAH GOLDBERG et al., Appellants, v. ENTERPRISE RENT-A-CAR COMPANY et al., Respondents.

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

January 20, 2005.


Plaintiffs' claims in quasi-contract, based on alleged violations of former section 396-z of the General Business Law, were properly dismissed. That law provided the Attorney General with broad enforcement powers (§ 396-z [12] [b], [c], [d]). A private cause of action may not be fairly implied where the Legislature has provided "a potent official enforcement mechanism" (Matter of Carrube v New York City Tr. Auth., 291 A.D.2d 558

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