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PATTERSON v. SOMERSET INVESTORS CORP.

2011-04582.

96 A.D.3d 817 (2012)

946 N.Y.S.2d 217

2012 NY Slip Op 4726

LANCELOTTE E. PATTERSON, Respondent, v. SOMERSET INVESTORS CORP., Appellant.

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

June 13, 2012.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was pursuant to CPLR 3211 (a) (1) to dismiss the first cause of action alleging a violation of General Business Law § 349 is granted.

A deceptive act or practice is an essential element of a cause of action to recover damages for a violation of General Business Law § 349 (see City of New York v Smokes-Spirits.Com, Inc.,...

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