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PEOPLE v. COVENTRY FIRST LLC

52 A.D.3d 345 (2008)

861 N.Y.S.2d 9

THE PEOPLE OF THE STATE OF NEW YORK by ANDREW M. CUOMO, Attorney General of the State of New York, Respondent-Appellant, v. COVENTRY FIRST LLC et al., Appellants-Respondents.

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

Decided June 17, 2008.

The Donnelly Act claim was properly dismissed to the extent that the alleged conduct did not take place "in this state" (see General Business Law § 340 [1]; see also Goshen v Mutual Life Ins. Co. of N.Y., 98 N.Y.2d 314, 324-325 [2002]), as was the Martin Act claim with respect to alleged conduct not "within or from this state" (see General Business Law § 352-c [1]), and to the extent that it pertained to variable...

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