NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
February 24, 2009
KENNETH E. RAMSEUR, PLAINTIFF-APPELLANT,
HUDSONVIEW COMPANY, ET AL., DEFENDANTS-RESPONDENTS.
Judgment, Supreme Court, New York County (Jane S. Solomon, J.), entered January 17, 2008, inter alia, dismissing the complaint pursuant to an order that granted defendants' motion for summary judgment, unanimously affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Gonzalez, J.P., Sweeny, Renwick, Freedman, JJ.
Defendants established their entitlement to summary judgment by submitting an attorney's affidavit annexed with contracts and other documentary evidence (see e.g. Alvarez v Prospect Hosp., 68 NY2d 320, 325 ; Lewis v Safety Disposal Sys. of Pa., Inc., 12 AD3d 324, 325 ), showing that there was no breach of the settlement agreement or overcharge of plaintiff's rent. Plaintiff's opposition failed to raise a triable issue of fact. Dismissal of plaintiff's claim under General Business Law § 349 was also appropriate, since the settlement agreement and renewed lease were private contracts between individual parties and did not affect consumers at large (see Oswego Laborers' Local 214 Pension Fund v Marine Midland Bank, 85 NY2d 20, 25 ; Revlon Consumer Prods. Corp., 238 AD2d 223, 224 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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