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RHODES v. HERZ

602906/05, 3865.

84 A.D.3d 1 (2011)

920 N.Y.S.2d 11

RANDI RHODES, Also Known as RANDI ROBERTSON, Appellant, v. STEVEN EDWARD HERZ et al., Respondents.

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

Decided March 22, 2011.

Attorney(s) appearing for the Case

John R. Sachs, Jr. , New York City, and Gaulin Group PLLC, New York City ( Robert V. Gaulin of counsel), for appellant.

LaRocca Hornik Rosen Greenberg & Blaha LLP, New York City ( Amy D. Carlin and Lawrence S. Rosen of counsel), for respondents.

SWEENY, J.P., MOSKOWITZ, RENWICK and DEGRASSE, JJ., concur.

OPINION OF THE COURT

ROMÁN, J.

The issue before us is whether article 11 of the General Business Law, by its terms, provides an express private right of action and whether, in the absence of such an express right, one is nevertheless implied. We hold, and indeed not for the first time, that article 11 does not provide either an express or an implied private right of action against licensed or unlicensed employment agencies or their agents. Accordingly...

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