Legal Opinion
Holmes Protection v. Provident Loan Society
Appellate Division of the Supreme Court of the State of New York
Decided January 9, 1992PublishedCited by 10 opinions
1Opinion of the Court
The third and seventh counterclaims based on General Business Law § 349 were properly dismissed, there being no evidence that plaintiff conducted any recurring deceptive business harmful to the public at large (see, Azby Brokerage v Allstate Ins. Co., 681 F Supp 1084). General Business Law § 349 was not adopted to address private commercial disputes not of a recurring nature (see, e.g., Rubin v Telemet Am., 698 F Supp 447, 451 [SD NY 1988]). The second and fifth counterclaims for breach of the implied covenant of good faith and fair dealing are insufficient, since they do not allege that…
2Cases cited5 opinions
- Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
- Collard v. Incorporated Village of Flower HillNew York Court of Appeals · 1981
- Azby Brokerage, Inc. v. Allstate InsuranceDistrict Court, S.D. New York · 1988
- Collard v. Inc. Village of Flower HillAppellate Division of the Supreme Court of the State of New York · 1980
- Rubin v. Telemet America, Inc.District Court, S.D. New York · 1988
3Cited by10 opinions
- Teller v. Bill Hayes, Ltd.Appellate Division of the Supreme Court of the State of New York · 1995
- Aventine Investment Management, Inc. v. Canadian Imperial Bank of CommerceAppellate Division of the Supreme Court of the State of New York · 1999
- Gershon v. Hertz Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Asbeka Industries v. Travelers Indemnity Co.District Court, E.D. New York · 1993
- United Knitwear Co. v. North Sea InsuranceAppellate Division of the Supreme Court of the State of New York · 1994
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