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CYPRESS GATES, INC. v. SOCIETE GENERALE, S.A.

Index No. 656792/22, Appeal No. 1765, Case No. 2023-01158.

2024 NY Slip Op 00968

CYPRESS GATES, INC. ET AL., Plaintiffs-Appellants, v. SOCIETE GENERALE, S.A. ET AL., Defendants-Respondents.

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

Decided February 27, 2024.

Attorney(s) appearing for the Case

May, Potenza, Baran & Gillespie, P.C., New York ( Grant L. Cartwright of counsel), for appellants.

Katten Muchin Rosenman LLP, New York ( Anthony L. Paccione of counsel), for respondents.

Before: Singh, J.P., Friedman, González, Higgitt, Michael, JJ.

Order, Supreme Court, New York County (Andrea Masley, J.), entered February 3, 2023, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the first, second, and third causes of action of the complaint, unanimously affirmed, with costs.

Supreme Court correctly dismissed the consumer fraud claim under General Business Law § 349. The financing transaction involved here was not consumer-oriented but involved a proposed...

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