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DANK v. SEARS HOLDING MANAGEMENT CORPORATION

59 A.D.3d 582 (2009)

874 N.Y.S.2d 188

WARREN S. DANK, Respondent, v. SEARS HOLDING MANAGEMENT CORPORATION et al., Appellants.

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

Decided February 17, 2009.

Ordered that the order is affirmed, with costs.

The defendants, Sears Holding Management Corporation and Sears, Roebuck and Co. (hereinafter together Sears), are national retailers of consumer goods. The complaint alleges that Sears published a policy promising, in pertinent part, to match the "price on an identical branded item with the same features currently available for sale at another local retail store." The complaint further alleges that the plaintiff requested...

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