The Appellate Division reversed, and dismissed the claim of a statutory violation, finding that this was a private contract dispute unique to the parties. Even if defendant engaged in consumer-oriented conduct by posting statements on its website, those statements were not likely to mislead a reasonable consumer. In addition, if the statements were deceptive, they did not cause plaintiff's injury. Plaintiff's alleged injury was caused by defendant's specific acts and omissions, such as failing to provide constructible drawings, re-designing the apartment's windows and doors without authorization, and failing to coordinate the project.
Case: Loeb v. Architecture Work, P.C., NY Slip Op 07551 (1st Dep't October 31, 2017)
Here is the decision.
