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DERISO v. SYNERGY USA

6 A.D.3d 152 (2004)

773 N.Y.S.2d 563

ELLEN DERISO, Appellant, v. SYNERGY USA, Respondent.

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

April 1, 2004.

The action was properly dismissed on the ground that the alleged violations of the General Business Law did not cause plaintiff any actual loss (General Business Law § 628; § 349 [h]; see Oswego Laborers' Local 214 Pension Fund v Marine Midland Bank, 85 N.Y.2d 20, 25, 26 [1995]). Plaintiff does not claim any kind of monetary loss other than payment of her membership fees, does...

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