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MATTER OF PEOPLE, NEW YORK v. ORBITAL PUBL. GROUP, INC.

451187/15. 8482. 8481.

169 A.D.3d 564 (2019)

95 N.Y.S.3d 28

2019 NY Slip Op 01329

In the Matter of The People of the State of New York, by Eric T. Schneiderman, Attorney General of the State of New York, Appellant, v. Orbital Publishing Group, Inc., et al., Respondents, et al., Respondent.

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

Decided February 21, 2019.

Contrary to Supreme Court, we conclude as a matter of law that solicitations for newspaper and magazine subscriptions promulgated by respondents are materially misleading (see Goshen v Mutual Life Ins. Co. of N.Y., 98 N.Y.2d 314, 324 and n 1 [2002]; People v General Elec. Co., 302 A.D.2d 314, 315 [1st Dept 2003]; see generally General Business Law §§ 349, 350; Executive...

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