Opinion
March 18, 1999
Appeal from the Supreme Court, New York County (Charles Ramos, J.).
The IAS Court properly dismissed the complaint. Plaintiff failed to state any claim warranting rescission of the subject contract of sale since, as the IAS Court found, defendant's failure to include Automatic Ride Control in the vehicle purchased by plaintiff did not constitute a material breach of the contract of sale and attendant warranties. Respecting plaintiff's General Business Law claims, in view of the documentary evidence establishing defendant's voluntary disclosure of the circumstance that the vehicles in question were not equipped with Automatic Ride Control, and its refund of the $650 purchase price of the feature to plaintiff and the relatively small number of other affected customers, it is plain that defendant's practices are not deserving of sanction as "deceptive acts" or "false advertising" within the meaning of General Business Law §§ 349 and 350 ( see, Gershon v. Hertz Corp., 215 A.D.2d 202; cf., McGill v. General Motors Corp., 231 A.D.2d 449).
We have considered plaintiff's remaining arguments and find them unavailing.
Concur — Ellerin, P. J., Sullivan, Williams and Tom, JJ.