KRAUS v. VISA INTERNATIONAL SERVICE ASSOCIATION


304 A.D.2d 408 (2003)

756 N.Y.S.2d 853

FRANZ KRAUS, Appellant, v. VISA INTERNATIONAL SERVICE ASSOCIATION, Respondent.

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

Decided April 15, 2003.


Plaintiff's General Business Law § 349 claims were properly dismissed in light of plaintiff's failure to allege deceptive conduct by defendant "likely to mislead a reasonable consumer acting reasonably under the circumstances" (Oswego Laborers' Local 214 Pension Fund v Marine Midland Bank, 85 N.Y.2d 20, 26 [1995]; see also Stutman v Chemical Bank, 95 N.Y.2d 24, 29 [2000]).

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