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· 2/14/1995

Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.

Citations

  • 647 N.E.2d 741
  • 85 N.Y.2d 20
  • 623 N.Y.S.2d 529
  • 1995 N.Y. LEXIS 145

How courts have described this case

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

  • concluding that the requirement was met because claim involved an extensive marketing scheme
  • ruling that a bank’s liability under NYGBL § 349 would depend on “whether plaintiffs possessed or could reasonably have obtained the relevant information they now claim the Bank failed to provide”
  • holding that under an objective definition of deceptive acts and practices, liability for omissions lies where a defendant “possesses material information that is relevant to the consumer and fails to provide this information”
  • stating that “as we have repeatedly stated, reliance is not an element of a section 349 claim” and collecting cases
  • holding conduct to be \consumer-oriented\ where defendant Bank interacted with plaintiffs' representative the same as any other customer opening a savings account
  • finding that conduct related to bank’s policies regarding savings accounts were consumer oriented because policy applied to “any customer entering the bank to open a savings account”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kaye

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.