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ACOSTA v. GIUFFRE

46 A.D.3d 586 (2007)

846 N.Y.S.2d 921

RICHARD ACOSTA, Appellant, v. JOHN GIUFFRE et al., Defendants, and BLOCKBUSTER, INC., Respondent.

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

Decided December 11, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant Blockbuster, Inc. (hereinafter Blockbuster), made a prima facie showing of its entitlement to summary judgment dismissing the plaintiff's cause of action alleging that it violated General Business Law § 673 on the ground that the plaintiff lacked standing to assert that cause of action (see Zuckerman v City of New York, 49 N.Y.2d 557

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