Posts Categorized: General Business Law

Posted: September 10, 2021

RPAPL Broad Standing Rules Inapplicable Where Claim Really About Ownership of LLC

On August 26, 2021, the First Department issued a decision in FGP 1, LLC v Dubrovsky, 2021 NY Slip Op 04789, affirming dismissal of a counterclaim for lack of standing holding that counterclaim plaintiffs mischaracterize their claim as one for a declaration to quiet title when it really involves ownership of a Delaware LLC, explaining:... Read more »

Posted: February 11, 2021

Judge Azrack Denies Motion To Dismiss Deceptive Practices Claims Against Retail Chain Selling Merchandise Exclusively In Its Outlet Store With “Suggested Retail” Price Tag

Posted by Solomon N. Klein, Litigation Partner As part of a line of cases involving consumer lawsuits against retail chains with “outlet” stores, Judge Joan M. Azrack denied defendant’s motion to dismiss plaintiffs’ deceptive practices claims, while granting in part the motion to dismiss other claims. Casio v. Vineyard Vines LLC, 19-cv-5135 (E.D.N.Y. Feb. 9,... Read more »

Posted: June 29, 2018

FTC Rule Does Not Preempt General Business Law Claims Against Broadband Providers

On June 21, 2018, the First Department issued a decision in People v. Charter Communications, Inc., 2018 NY Slip Op. 04644, holding that a Federal Trade Commission rule did not preempt General Business Law claims, explaining: This civil enforcement action alleges that in the marketing of broadband Internet service defendants have engaged and continue to... Read more »

Posted: January 15, 2018

New York Insurance Law Does Not Preempt Claim Against Insurer for “Deceptive Practices” under Section 349 of the General Business Law

On November 8, 2017, the Second Circuit issued a decision in Nick’s Garage, Inc. v. Progressive Casualty Ins. Co., Case No. 15-1426-cv, holding that Section 2601(a) of the New York Insurance Law, which prohibits insurers from “engag[ing] in unfair claim settlement practices,” but provides no private right of action, does not preempt a claim against... Read more »

Posted: October 1, 2016

Lanham Act/GBL Causes of Action Based on False Claim of Having Founded Company Dismissed

On September 13, 2016, Justice Oing of the New York County Commercial Division issued a decision in Dorfman v. Reffkin, 2016 NY Slip Op. 31719(U), dismissing Lanham Act and General Business Law counterclaims based on allegations that the defendant had falsely claimed to have been a company’s founder. In Dorfman, the Plaintiffs asserted claims against... Read more »

Posted: December 13, 2014

First Department Rules that GBL 239-c, Relating to Appraisals, Must be Narrowly Construed

On December 9, 2014, the First Department issued a decision in TOV Manufacturing, Inc. v. Jaco Import Corp., 2014 NY Slip Op. 08566, holding that appraisals of loose gemstones are not covered by GBL 239-c. In TOV Manufacturing, the trial court refused to dismiss a third party claim for violation of 239-c based on an... Read more »