KELLY v. VISA U.S.A., INC.


16 A.D.3d 256 (2005)

793 N.Y.S.2d 8

SIOLEN KELLY HO et al., Appellants, v. VISA U.S.A., INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 22, 2005.


Plaintiffs' claim under General Business Law § 349—retailers being required to accept defendants' debit cards if they want to continue accepting credit cards—fails because of the remoteness of their damages from the alleged injurious activity. That debit cards result in higher charges to the retailers does not elevate to an actionable claim any perceived injuries to the retailers' customers. Those injuries are too remote and derivative to countenance such...

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