· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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