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EMFORE CORP. v. BLIMPIE ASSOCIATES, LTD.

51 A.D.3d 434 (2008)

860 N.Y.S.2d 12

EMFORE CORP., Appellant, v. BLIMPIE ASSOCIATES, LTD., et al., Respondents.

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

Decided May 6, 2008.

The court erred in dismissing plaintiff's claims pursuant to General Business Law §§ 683 and 687 based on the representations made by plaintiff concerning information supplied to it by defendant, and in not dismissing defendant's affirmative defenses based on those representations. We agree with defendant that the questionnaire to which plaintiff responded is not violative of General Business Law § 687 (4) and (5...

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