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SHERRY v. CITIBANK, N.A.

5 A.D.3d 335 (2004)

773 N.Y.S.2d 553

HERBERT SHERRY, Respondent, v. CITIBANK, N.A., Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 30, 2004.

Plaintiff stated a cause of action for deceptive practices and false advertising, in violation of General Business Law §§ 349 and 350, for the manner in which defendant applied finance charges for its "checking plus" accounts. A fair reading of the complaint shows that plaintiff relied on defendant's sales literature which stated that "checking plus" permitted customers to write checks for more than the available balance...

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