Opinion
September 26, 1994
Appeal from the Supreme Court, Westchester County (Donovan, J.).
Ordered that the order is affirmed, with costs to the respondent Getty Petroleum Corporation.
None of the statutes or regulations relied on by the plaintiff support his claim for damages in excess of the repair bill for $309. Only the Federal Trade Commission can enforce 15 U.S.C. § 45; it provides no remedy to private persons (see, American Airlines v. Christensen, 967 F.2d 410, 414; Alfred Dunhill Ltd. v Interstate Cigar Co., 499 F.2d 232, 237; In re "Agent Orange" Prod. Liab. Litig., 475 F. Supp. 928, 934). Likewise, there is no private remedy available to the plaintiff pursuant to 15 NYCRR 82.5 (b) and 82.5 (g) (see, 15 NYCRR 82.6). The court did not improvidently exercise its discretion in limiting his potential damages to $309 pursuant to General Business Law § 349 (h). The plaintiff's claim for punitive damages is without merit (see, Cross v. Zyburo, 185 A.D.2d 967).
We also find that the Supreme Court properly transferred this case to the Town Court of the Town of Pelham pursuant to the requirements of UJCA 214.
The plaintiff's remaining contentions are without merit. Thompson, J.P., Sullivan, Altman and Goldstein, JJ., concur.