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GOLDMAN v. SIMON PROP.

58 A.D.3d 208 (2008)

869 N.Y.S.2d 125

ALIZA GOLDMAN, Appellant-Respondent, v. SIMON PROPERTY GROUP, INC., Respondent-Appellant.

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

November 25, 2008.

Attorney(s) appearing for the Case

Trief & Olk, New York City (Barbara E. Olk of counsel), for appellant-respondent.

Sills Cummis & Gross, P.C., New York City (Jeffrey J. Greenbaum and James M. Hirschhorn of counsel), for respondent-appellant.

Before: SKELOS, J.P., RITTER and McCARTHY, JJ., concur.

OPINION OF THE COURT

DICKERSON, J.

We have previously examined the phenomena of plastic gift cards1 (see Lonner v Simon Prop. Group, Inc., 57 A.D.3d 100 [2008]; Llanos v Shell Oil Co., 55 A.D.3d 796 [2008]).

The instant action, like the Lonner action, challenges the imposition by the...

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