Firm Memoranda

New York Court of Appeals Limits Remedies Under NY General Business Law Sections

Date: 06/14/13

Responding to certified questions from the United States Court of Appeals for the Second Circuit, on May 30, 2013, the New York Court of Appeals held in Schlessinger v. Valspar Corporation, that “[New York] General Business Law § 395-a does not make contract clauses that contradict its terms null and void,” and that a violation of § 395-a alone is not necessarily “deception” giving rise to a remedy for fraud under General Business Law § 349.

CGR Memo - New York Court of Appeals Limits Remedies Under NY General Business Law Sections.pdf (pdf | 97.44 KB )