Amalfitano v. NBTY, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that advertisement did not amount to an offer and affirming summary judgment dismissing breach of contract and GBL claims
• promotion was an invitation for offers, not an offer, because it expressly stated that supplies were limited
• “The plaintiff may not ‘set[] forth deception as both act and injury.’ Here, the record showed as a matter of law that the plaintiff suffered no actual injury, apart from the alleged deceptive act itself.”

Source: CourtListener parenthetical corpus (CC0).