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PEOPLE v. PHARMACIA CORP.

2010 NY Slip Op 20033

27 Misc 3d 368

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. PHARMACIA CORPORATION, Defendant.

Supreme Court, Albany County.

February 3, 2010.

Attorney(s) appearing for the Case

Nixon Peabody LLP, Albany ( Andrew C. Rose of counsel), Morgan, Lewis & Bockius, LLP, Philadelphia, Pennsylvania ( John C. Dodds and Abby J. Kaplan of counsel), and Wiggin & Dana LLP, New York City ( Steven B. Malech of counsel), for defendant.

Andrew M. Cuomo , Attorney General, New York City ( Carol J. Hunt and Jay Speers of counsel), for plaintiff.

OPINION OF THE COURT

RICHARD M. PLATKIN, J.

Defendant Pharmacia Corporation moves for summary judgment pursuant to CPLR 3212, seeking dismissal of the complaint brought by plaintiff, the People of the State of New York (the State). Plaintiff cross-moves for partial summary judgment, seeking a ruling that Pharmacia violated General Business Law § 349 and Executive Law § 63 (12) by causing false and inflated prices for its prescription drugs to be...

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