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NORTHEAST WINE DEVELOPMENT, LLC v. SERVICE-UNIVERSAL DISTRIBUTORS, INC.

7 N.Y.3d 871 (2006)

859 N.E.2d 912

826 N.Y.S.2d 173

NORTHEAST WINE DEVELOPMENT, LLC, Doing Business as ALL STAR WINE & SPIRITS, Appellant, v. SERVICE-UNIVERSAL DISTRIBUTORS, INC., Respondent, et al., Defendant.

Court of Appeals of New York.

Decided November 16, 2006.

Attorney(s) appearing for the Case

Crane, Parente, Cherubin & Murray, Albany (John T. McManus and Thomas M. Kernan of counsel), for appellant.

Tuczinski, Cavalier, Burstein & Collura, P.C., Albany (Andrew W. Gilchrist, Richard L. Burstein and Jennifer M. Boll of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division insofar as appealed from should be affirmed, with costs.

The Appellate Division correctly concluded that plaintiff's complaint should be dismissed. The first two causes of action, alleging deceptive conduct in violation of General Business Law §§ 349 and 350, are untenable because the acts alleged do not have the requisite impact...

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