Galaxy Export, Inc. v. Bedford Textile Products, Inc.

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1981-10-26
Citations: 84 A.D.2d 572
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Lead Opinion

In an action to recover damages for breach of contract, false

Page 573
advertising and misleading trade practices, defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Yoswein, J.), dated January 20, 1981, as denied that branch of its motion which was to dismiss plaintiff’s third cause of action. Order affirmed insofar as appealed from, with $50 costs and disbursements. Plaintiff’s complaint sets forth a valid cause of action within its third cause of action. False advertising under section 350-a of the General Business Law includes mislabeling. Hopkins, J.P., Gibbons, Rabin and Cohalan, JJ., concur.