UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
April 20, 1983
EASTERN AIR LINES, INCORPORATED, Plaintiff,
NEW YORK AIR LINES, INC., and CHIAT-DAY, INC., Defendants.
The opinion of the court was delivered by: POLLACK
MILTON POLLACK, District Judge.
ADDENDUM TO OPINION FILED MARCH 21, 1983
Our attention has been called to a statutory amendment of New York General Business Law § 350-d(3) (McKinney's 1980) which obsoleted the ruling in Quinn v. Aetna Life & Cas. Co., 616 F.2d 38, decided January 28, 1980 by the Second Circuit Court of Appeals that "the General Business Law's strictures on false advertising . . . may only be enforced by the State Attorney General." Id. 41. The amendment, effective June 19, 1980, added § 350-d and provided that "Any person who has been injured by reason of any violation of [the laws against false advertising] may bring an action to enjoin such unlawful act and practice and to recover his actual damages or fifty dollars, whichever is greater," (etc.).
Accordingly, so much of the Opinion of March 21, 1983 as relies on Quinn is withdrawn and in connection with the bifurcated damage phase of the case, Eastern shall be free to show any damage to which it believes it is entitled under the said statutory amendment.
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