In Andre Strishak & Assocs., P.C. v. Hewlett Packard Co., 300 AD2d 608, 752 N.Y.S.2d 400 (2d Dep't 2002), the court dismissed a false advertising claim under GBL 350 on similar grounds. In that case, the plaintiffs alleged that Hewlett Packard "represented to consumers that ink cartridges were included with the purchase of printers, and concealed the fact that the cartridges were only one-half filled with ink" Id. At 609. The Second Department affirmed dismissal of this claim under CPLR 3211(a)(7) for failure to state a cause of action, because "the boxes containing the printers indicated only that ink cartridges were included with the purchase . . . . The defendant did not provide any description with respect to the amount of ink contained in the cartridge" Id. at 609. "Accordingly, the causes of action for violations of General Business Law sections 349 and 350 were properly dismissed since (sic) the complaint failed to allege an act or practice that was misleading in a material respect" Id. at 610.