SHARABANI v. SIMON PROPERTY GROUP, INC.

2010-07552.

96 A.D.3d 24 (2012)

942 N.Y.S.2d 551

2012 NY Slip Op 2860

LEIGH SHARABANI, Appellant, v. SIMON PROPERTY GROUP, INC., et al., Respondents.

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

Decided April 17, 2012.


Attorney(s) appearing for the Case

Irwin Popkin , Melville ( Leland L. Greene of counsel), for appellant.

Sills Cummis & Gross P.C., New York City ( Jeffrey J. Greenbaum and Charles J. Falletta of counsel), for respondents.

ANGIOLILLO, J.P., DICKERSON and HALL, JJ., concur.


OPINION OF THE COURT

COHEN, J.

This appeal requires us to examine the extent to which federal laws and regulations governing national savings associations preempt New York State laws as they may relate to "electronic stored value systems," commonly known as gift cards, specifically, whether federal laws and regulations preempt New York State contract law and statutes such as General Business Law § 349. This Court previously has addressed federal preemption...

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