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HOLMES PROT. OF NEW YORK, INC. v. PROVIDENT LOAN SOC'Y OF NEW YORK

179 A.D.2d 400 (1992)

Holmes Protection of New York, Inc., Formerly Known as Holmes Protection, Inc., Respondent, v. Provident Loan Society of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 9, 1992

The third and seventh counterclaims based on General Business Law § 349 were properly dismissed, there being no evidence that plaintiff conducted any recurring deceptive business harmful to the public at large (see, Azby Brokerage v Allstate Ins. Co., 681 F.Supp. 1084). General Business Law § 349 was not adopted to address private commercial disputes not of a recurring nature (see, e.g., Rubin v Telemet...

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