Lefkowitz v. E. F. G. Baby Products Co. (40 A.D.2d 364, 1973)

Reynolds, J.

This is an appeal from an order of the Supreme Court, entered March 3, 1972 in Albany County, which struck a paragraph of the Attorney-General’s petition and modified a previous preliminary injunction, and further held that the Attorney-General did not have standing to enforce article 10-A of the Personal Property Law.

In the instant special proceeding the appellant, pursuant to subdivision 12 of section 63 of the Executive Law, seeks to enjoin certain business practices of the respondent, a franchised retailer of a baby furniture product known as Stroll-O-Chair, on the grounds that such practices amount to a continuous fraud on consumers.

Respondent sells its product via door-to-door solicitation. In approaching prospective customers respondent mails to newly expecting parents a card stating that a