KS Trade LLC, Respondent-Appellant,
v.
International Gemological Institute, Inc., et al., Appellants-Respondents, et al., Defendants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided January 19, 2021.
Decided January 19, 2021.
Attorney(s) appearing for the Case
Golenbock Eiseman Assor Bell & Peskoe LLP, New York ( Michael M. Munoz of counsel), for International Gemological Institute, Inc., Jerry Ehrenwald and David Weinstein, appellants-respondents.
Blinken Law, New York ( Sally Blinken of counsel), for Jerry Ehrenwald, appellant-respondent.
Bedell & Forman LLP, New York ( Michael A. Bedell of counsel), for Browdy/Copeland, Inc., appellant-respondent.
Morrison Cohen LLP, New York ( Jeffrey D. Brooks of counsel), for respondent-appellant.
Concur—Gische, J.P., Oing, Moulton, Mendez, JJ.
Appellate Division of the Supreme Court of New York, First Department.
The court properly upheld the claim under General Business Law § 349 against defendants International Gemological Institute, Inc. (IGI NY), Jerry Ehrenwald (Ehrenwald), and David Weinstein (Weinstein) (collectively IGI Defendants). To state a claim under General Business Law § 349, a plaintiff must allege "[1] that the challenged act or practice was consumer-oriented; [2] that it was misleading in a material way; and...
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