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KOCH v. ACKER, MERRALL & CONDIT COMPANY

No. 117 SSM 13.

18 N.Y.3d 940 (2012)

967 N.E.2d 675

944 N.Y.S.2d 452

2012 NY Slip Op 2254

WILLIAM I. KOCH, Appellant, v. ACKER, MERRALL & CONDIT COMPANY, Respondent.

Court of Appeals of New York.

Decided March 27, 2012.

Attorney(s) appearing for the Case

Hunton & Williams LLP, New York City (Joseph J. Saltarelli, Shawn Patrick Regan and Jennifer L. Cummins of counsel), and Irell & Manella LLP, Newport Beach, California (Bruce A. Wessel, John Hueston and Moez M. Kaba of counsel), for appellant.

Meister Seelig & Fein LLP, New York City (Stephen B. Meister, Thomas L. Friedman and Remy J. Stocks of counsel), for respondent.

Theodore Hadzi-Antich and Deborah J. La Fetra, Sacramento, California, for Pacific Legal Foundation, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur in memorandum; Judge SMITH taking no part.

OPINION OF THE COURT

MEMORANDUM.

The judgment of Supreme Court appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and defendant's motion to dismiss plaintiff's General Business Law §§ 349 and 350 causes of action denied. To successfully assert a claim under General Business Law § 349 (h) or § 350, "a plaintiff must allege that a defendant has engaged in (1) consumer-oriented conduct...

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