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