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CRUZ v. NYNEX INFORMATION

263 A.D.2d 285 (2000)

703 N.Y.S.2d 103

MANUEL CRUZ, Doing Business as CRUZ AUTOMOTIVE SERVICE, et al., Respondents-Appellants, v. NYNEX INFORMATION RESOURCES et al., Appellants-Respondents.

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

February 10, 2000.

Attorney(s) appearing for the Case

Lawrence Greenapple of counsel, New York City (Gary C. Fischoff on the brief, Garden City; Cox Buchanan Padmore & Shakarchy, and Fischoff & Associates, attorneys), for respondents-appellants.

Guy Miller Struve of counsel, New York City (D. Scott Tucker and Lisa D. Reifenberg on the brief; Davis Polk & Wardwell, and Robert Ernst, attorneys), for NYNEX Information Resources and another, appellants-respondents.

Michael J. Templeton of counsel, New York City (Thomas E. Albright on the brief; Jones, Day, Reavis & Pogue, attorneys), for Reuben H. Donnelley, appellant-respondent

RUBIN, SAXE and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

WILLIAMS, J. P.

This appeal raises the issue of whether, for purposes of General Business Law article 22-A (§ 349 et seq.) "Consumer Protection from Deceptive Acts and Practices," the term "consumer" encompasses small businesses which purchase a widely sold service that can only be used by businesses. We hold that it does not.

The facts are as follows. Plaintiffs are an automotive repair service, a video service and...

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