New York Court of Appeals
Frank J. Gaidon v. Guardian Life…
December 20, 199994 N.Y.2d 330
Summary
The New York Court of Appeals held that the plaintiffs adequately pleaded a General Business Law § 349 claim and reinstated those claims for further proceedings, while affirming the dismissal of the common‑law fraud claims. The court reasoned that the sales illustrations were deceptive under the Oswego test despite disclaimer language, but that the disclaimer barred a fraud claim. Judge Bellacosa dissented, arguing that no deceptive act was alleged and that the § 349 claims should not be revived.