New York Court of Appeals
Jayne Karlin, Appellants v. IVF America, Inc., Respondents
May 4, 199993 N.Y.2d 282
Summary
The New York Court of Appeals held that the General Business Law §§ 349 and 350 apply to the advertising practices of IVF providers and that the plaintiffs’ consumer‑protection claims are properly before the court. Accordingly, the Court denied the defendants’ motion to dismiss those claims and affirmed the judgment as modified. The decision rests on a broad reading of the statutes and their legislative history, rejecting the appellate division’s categorical exemption for medical service providers.