VIGILETTI v. SEARS, ROEBUCK & CO.


42 A.D.3d 497 (2007)

838 N.Y.S.2d 785

KENNETH VIGILETTI et al., Appellants, v. SEARS, ROEBUCK & CO., Respondent.

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

Decided July 17, 2007.


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

The plaintiffs failed to state a cause of action to recover damages for violation of General Business Law § 349. The complaint failed to allege that the plaintiffs and the proposed class members had suffered actual injury as a result of the defendant's allegedly deceptive marketing of its products (see Small v Lorillard Tobacco Co., 94 N.Y.2d 43

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