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· 1/9/1969

People v. Trammell

Citations

  • 23 N.Y.2d 848
  • 245 N.E.2d 727
  • 297 N.Y.S.2d 969
  • 1969 N.Y. LEXIS 1630

How courts have described this case

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

  • dismissing GBL §§ 349, 350 claims; “allthough the plaintiff cites particular misleading statements,” he “nowhere states in his complaint that he saw any of these statements before he purchased” the product at issue
  • dismissing N.Y. GBL §§349 and 350 claims where plaintiff identified allegedly misleading statements on a product he possessed, but failed to claim that he saw the statements prior to purchasing or coming into possession of it
  • where plaintiff did not see any misleading statements regarding defective product prior to purchase thereof, no connection between deceptive act and plaintiffs injury
  • a plaintiff must at a minimum be aware of the false statements to plead causation with sufficient specificity
  • “failure to plead the name of the seller . . . rendered defective the plaintiffs cause[] of action alleging . . . unjust enrichment’
  • “If the plaintiff did not see any of these [misleading] statements, they could not have been the cause of his injury, there being no connection between the deceptive act and the plaintiff’s injury[.]”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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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.