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SCAROLA v. VERIZON COMMUNICATIONS, INC.

2888, 652705/15.

146 A.D.3d 692 (2017)

2017 NY Slip Op 00562

45 N.Y.S.3d 464

RICHARD J.J. SCAROLA, Respondent, v. VERIZON COMMUNICATIONS, INC., Appellant.

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

Decided January 26, 2017.

The complaint fails to allege any of the three elements of a claim under General Business Law § 349 (see Stutman v Chemical Bank, 95 N.Y.2d 24, 29 [2000]). First, the challenged conduct, i.e., defendant's continuing to bill plaintiff for telecommunications services, and harassing him for payment, after the relevant account was closed, was not consumer-oriented. The account was a business, not a consumer, account. Nor did defendant...

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