LONNER v. SIMON PROP. GROUP


57 A.D.3d 100 (2008)

866 N.Y.S.2d 239

CHRISTOPHER R. LONNER, Respondent, v. SIMON PROPERTY GROUP, INC., Appellant.

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

October 14, 2008.


Attorney(s) appearing for the Case

Sills Cummis Epstein & Gross P.C., New York City (Jeffrey J. Greenbaum and James M. Hirschhorn of counsel), for appellant.

Sanford Wittels & Heisler, LLP, New York City (William R. Weinstein of counsel), for respondent.

SPOLZINO, J.P., SKELOS and FLORIO, JJ., concur.


OPINION OF THE COURT

DICKERSON, J.

Introduction

We are asked on this appeal to determine whether, in the absence of clear and unambiguous disclosure, the imposition of dormancy and administrative fees decreasing the redeemable value of a gift card constitutes a sufficient predicate for causes of action to recover damages for breach of contract and deceptive business practices in violation of General Business Law § 349. We hold that it does...

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