In order to establish a cause of action under General Business Law § 349, a plaintiff must allege that (1) the defendant's conduct was consumer oriented; (2) the act or practice was deceptive or misleading in a material way; and (3) there was an injury as a result of the deception. Private contract disputes, unique to the parties, do not fall within the ambit of the statute. A single transaction which is tailored to meet the purchaser's wishes and requirements does not constitute consumer-oriented conduct within the meaning of the statute.
Axos Bank v. Michael Gangi Plumbing & Heating Contrs., Inc., NY Slip Op 01175 (2d Dep't March 4, 2026)
