In Dank v. Sears Holding Mgt. Corp. , Warren Dank filed suit because he believed Sears, a national retailer, broke a promise to match the price of any item offered for sale by a competing merchant.
Dank was looking to buy a flat-screen television and found another establishment offering a better deal. Dank then visited three different Sears stores and attempted to purchase the set at the competitor's lower number.
Two of the stores refused to match the price, claiming each manager had the discretion whether or not to do so.
When Dank purchased the set at the third Sears, supposedly for an extra $400, he sued the company in Nassau County Supreme Court.
When the retailer's request to dismiss the case was denied, it appealed to the Appellate Division, Second Department, which affirmed the lower court's determination. The AD2 was of the view Dank stated a common-law fraud claim as well as a basis for relief under New York's General Business Law.
Where it begins ... may be where it ends.
To download a copy of the Appellate Division's decision, please use this link: Dank v. Sears Holding Mgt. Corp.