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AMALFITANO v. NBTY, INC.

2013-04894

128 A.D.3d 743 (2015)

9 N.Y.S.3d 352

2015 NY Slip Op 04077

MICHAEL AMALFITANO, Individually and on Behalf of All Others Similarly Situated, Appellant, v. NBTY, INC., et al., Respondents.

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

Decided May 13, 2015.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Kings County (Pfau, J.), dated March 25, 2013, which granted the defendants' cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff brought this putative class action based on the defendants' alleged act of deception involving...

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