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HIMMELSTEIN v. MATTHEW & CO

No. 39.

37 N.Y.3d 169 (2021)

171 N.E.3d 1192

150 N.Y.S.3d 79

2021 NY Slip Op 03485

HIMMELSTEIN, MCCONNELL, GRIBBEN, DONOGHUE & JOSEPH, LLP, et al., Appellants, v. MATTHEW BENDER & COMPANY, INC., a Member of LexisNEXIS GROUP, INC., Respondent.

Court of Appeals of New York.

Decided June 3, 2021.

Attorney(s) appearing for the Case

Fishmanlaw, PC, New York City ( James B. Fishman of counsel), and Anderson Kill P.C., New York City ( Jeffrey E. Glen of counsel), for appellants.

Skadden, Arps, Slate, Meagher & Flom LLP, New York City ( Anthony J. Dreyer , Susan L. Saltzstein and Jordan A. Feirman of counsel), for respondent.

Letitia James , Attorney General, New York City ( Mark S. Grube , Barbara D. Underwood and Steven C. Wu of counsel), for State of New York, amicus curiae.

OPINION OF THE COURT

For several consecutive years, plaintiffs bought the annual edition of a legal resource manual published and sold by defendant. The main issue on this appeal is whether plaintiffs' complaint adequately pleaded a deceptive act or practice prohibited by General Business Law § 349, based on defendant's...

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