To successfully assert a claim under New York General Business Law 349 (h) or 350, “a plaintiff must allege that a defendant has engaged in (1) consumer-oriented conduct that is (2) materially misleading and that (3) plaintiff suffered injury as a result of the allegedly deceptive act or practice”
A claim is broughtunder GBL 349 to allege misleading and deceptive trade practices and under
GBL 350 to allege false advertising. Typically, these two sections are pled in tandem, bothin single plaintiff cases and in class action litigation seeking relief from consumer fraud.
In their NYLJ article (12/28/12) looking back at the significant New York State class actiondecisions that were handed down during 2012, authors Thomas A. Dickerson, Jeffrey A. Cohen (both Second Department judges) and Kenneth A. Manning devote special attention to the Court of Appeals decision in Koch v. Acker,Merrall & Condit, in which the court clarified that justifiable reliance is not an element of a GBL 350 claim.Prior decisions had already done away with any reliance requirement on a GBL 349 claim
The publication of 
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