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CORCINO v. FILSTEIN

32 A.D.3d 201 (2006)

820 N.Y.S.2d 220

GERARDO CORCINO et al., Respondents, v. MARK FILSTEIN, Appellant.

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

August 3, 2006.

The complaint alleges permanent injury stemming from the performance of penile augmentation surgery. A cause of action for deceptive business practices (General Business Law § 349) requires proof that the defendant engaged in consumer-oriented conduct that was materially deceptive or misleading, causing injury (see Gaidon v Guardian Life Ins. Co. of Am., 94 N.Y.2d 330, 344 [1999]). Even assuming that defendant is chargeable...

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