A consumer who purchased $100 worth of Dockers-branded apparel did not sustain an injury when he received a seven-inch DVD player instead of the promised eight-inch player as part of a rebate offer, a Nassau, N.Y., judge has ruled.

New York state Acting Supreme Court Justice Thomas A. Adams, in Weinstock v. J.C. Penney Co., 15578/2006, granted department store retailer JCPenney’s motion to dismiss attorney Benjamin Weinstock’s complaint because he failed to state a valid cause of action, therefore denying his application for class action certification.

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