Dove v. L'Agence, Inc.

Full title: KAREN DOVE, Appellant, v. L'AGENCE, INC., et al., Respondents

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

Date published: May 14, 1998

250 A.D.2d 435 (N.Y. App. Div. 1998)

671 N.Y.S.2d 661

Opinion

May 14, 1998

Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).

In this action arising from an oral contract whereby defendants agreed to solicit modeling jobs for plaintiff in return for a commission, the court properly dismissed the second cause of action, alleging violation of General Business Law § 349 Gen. Bus., since plaintiff did not allege conduct on the part of defendant that was consumer oriented ( see, Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, 85 N.Y.2d 20).

The cause of action alleging breach of fiduciary duty was also properly dismissed for failure to plead facts giving rise to a fiduciary relationship (CPLR 3016 [b]).

We have considered plaintiff's remaining arguments and find them to be without merit.

Concur — Lerner, P. J., Ellerin, Rubin and Saxe, JJ.