Wall Street Transcript Corp. v. Cohn

Full title: WALL STREET TRANSCRIPT CORPORATION, Appellant, v. SEYMOUR COHN et al.…

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

Date published: Oct 21, 1997

243 A.D.2d 341 (N.Y. App. Div. 1997)

663 N.Y.S.2d 170

Opinion

October 21, 1997

Appeal from the Supreme Court, New York County (Edward Lehner, J.).

The court properly found that plaintiff's first cause of action is precluded by res judicata and was appropriately referred to arbitration and that its second cause of action fails to allege a viable claim under General Business Law § 349, which is directed at wrongs that have an impact upon consumers at large and does not encompass private contract disputes that, as herein, involve the parties and, at most, a limited number of other tenants ( Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, 86 N.Y.2d 20, 24-26). We have reviewed plaintiff's remaining contentions and find them to be without merit.

Concur — Milonas, J.P., Rubin, Mazzarelli and Andrias, JJ.