Cite As: 18 Ny3d 753, 967 N
967 N.E.2d 1170 Page 1 18 N.Y.3d 753, 967 N.E.2d 1170, 944 N.Y.S.2d 725, 2012 N.Y. Slip Op. 02249 (Cite as: 18 N.Y.3d 753, 967 N.E.2d 1170, 944 N.Y.S.2d 725) on such renewal, where lessee did not pay any ser- vice termination fees and did not pay for services he did not receive. McKinney's General Obligations Law §§ 5–901, 5–903. Court of Appeals of New York. Bruce OVITZ, on Behalf of Himself and All Others Similarly Situated, Appellant, [2] Antitrust and Trade Regulation 29T 134 v. BLOOMBERG L.P. et al., Respondents. 29T Antitrust and Trade Regulation 29TIII Statutory Unfair Trade Practices and Con- March 27, 2012. sumer Protection 29TIII(A) In General 29Tk133 Nature and Elements Background: Lessee of financial information ser- 29Tk134 k. In general. Most Cited vices and equipment brought action against lessor Cases following automatic renewal of parties' subscription agreement. The Supreme Court, New York County, Judith J. Gische, J., denied lessor's motion to dismiss, A prima facie showing under the deceptive trade and it appealed. The Supreme Court, Appellate Divi- practices statute requires allegations that a defendant sion, 77 A.D.3d 515, 909 N.Y.S.2d 710, reversed, is engaging in an act or practice that is deceptive or and leave to appeal was granted. misleading in a material way and that plaintiff has been injured by reason thereof. McKinney's General Business Law § 349(a). Holdings: The Court of Appeals, Jones, J., held that: (1) even assuming that General Obligations Law's lease renewal provisions supported implied private [3] Antitrust and Trade Regulation 29T 179 right of action, lessee did not suffer harm, so as to support claim based on lease renewal; 29T Antitrust and Trade Regulation (2) lessee failed to state claim against lessor under the 29TIII Statutory Unfair Trade Practices and Con- deceptive trade practices statute; and sumer Protection (3) action did not present justiciable controversy 29TIII(B) Particular Practices upon which a declaratory judgment could be rendered 29Tk179 k.
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