LLANOS v. SHELL OIL COMPANY


55 A.D.3d 796 (2008)

866 N.Y.S.2d 309

ELAINE LLANOS, Appellant, v. SHELL OIL COMPANY et al., Respondents.

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

October 21, 2008.


Ordered that the order is reversed, on the law, that branch of the defendants' motion which was to dismiss the complaint on the ground that the action is preempted by General Business Law § 396-i is denied, and the matter is remitted to the Supreme Court, Rockland County, for further proceedings in accordance herewith.

The defendants sell prepaid gift cards that are subject to a dormancy fee of $1.75 per month if not used for more than 12 months. The plaintiff...

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