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116 WAVERLY PLACE LLC v. SPRUCE 116 WAVERLY LLC

10798, 655930/17.

179 A.D.3d 511 (2020)

119 N.Y.S.3d 78

2020 NY Slip Op 00359

116 Waverly Place LLC, Appellant, v. Spruce 116 Waverly LLC et al., Respondents.

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

Decided January 16, 2020.

The General Business Law claims were properly dismissed. With respect to General Business Law § 349, the transaction was not consumer oriented, but rather was a single, private transaction (see New York Univ. v Continental Ins. Co., 87 N.Y.2d 308, 320 [1995]). As for the General Business Law § 777 cause of action, the court properly determined that the gut-renovated townhouse was not a "new home" under General Business...

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