1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 102 A.D.3d
  5. 102 A.D.3d 5 (2012)
 

NORTH STATE AUTOBAHN, INC. v. PROGRESSIVE INS. GROUP CO.

2011-07755.

102 A.D.3d 5 (2012)

953 N.Y.S.2d 96

2012 NY Slip Op 6932

NORTH STATE AUTOBAHN, INC., et al., Respondents, v. PROGRESSIVE INSURANCE GROUP COMPANY et al., Appellants, et al., Defendants.

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

Decided October 17, 2012.

Attorney(s) appearing for the Case

Nelson Levine de Luca & Horst, LLC, New York City ( Michael R. Nelson , Kymberly Kochis and Francis X. Nolan IV of counsel), for appellants.

Richard Paul Stone , New York, Anderson, Kill & Olick, P.C. ( Finley T. Harckham and Dennis J. Artese of counsel), and Anthony J. Mamo, Jr. , PLLC, for respondents.

ANGIOLILLO, J.P., BELEN and LOTT, JJ., concur.

OPINION OF THE COURT

MILLER, J.

This case presents us with the question of whether a business entity has stated a valid cause of action for violation of General Business Law § 349 (h) where it alleges that another business entity deceived and misled prospective customers, causing it to sustain direct economic loss in the form of more than $5 million in lost business sales. We conclude that it does.

I. Factual And Procedural Background

...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases