Wednesday, December 11, 2013

Cochran v. Dellfava case brief

Cochran v. Dellfava case brief summary
517 N.Y.S.2d 854 (1987)


CASE SYNOPSIS
Plaintiff sought to recover money she gave to defendant to invest in a chain distributor (pyramid) scheme, which was prohibited by N.Y. Gen. Bus. Law § 359-fff(1).

CASE FACTS
Plaintiff invested in a chain distributor (pyramid) scheme called "the airplane game" prohibited by N.Y. Gen. Bus. Law § 359-fff(1). She asked the court to get her money back after her airplane crashed.

DISCUSSION

  • The court held that plaintiff's standing to bring the lawsuit depended on whether she violated N.Y. Gen. Bus. Law § 359-fff(1). 
  • The court held that, by investing her money in the scheme, she promoted the game as declared illegal in the statute. 
  • Therefore, plaintiff's cause of action failed as a matter of law. 
  • It did not matter whether defendant was the more culpable party.

CONCLUSION
Plaintiff's complaint to recover money invested with defendant was dismissed.

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