Lonner v. Simon Prop. Group, Inc

In Lonner v. Simon Prop. Group, Inc. (57 AD3d 100 [2d Dept 2008]) where the plaintiff therein was held to have stated causes of action arising from the lack of clarity and conspicuousness of the disclosure made by defendant as to the dormancy fees it charged on its store-issued, pre-paid gift cards. In Lonner, the plaintiff's allegations that the type size used by defendant was impermissibly small, that defendant failed to clearly and conspicuously disclose the existence of the dormancy fees and the circumstances under which they would be imposed, and that he was injured thereby were held sufficient to state a cause of action under GBL 349.