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KENNETH E. RAMSEUR, Appellant, v. HUDSONVIEW COMPANY et al., Respondents.

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 plaintiffs rent. Plaintiffs opposition failed to raise a triable issue of fact. Dismissal of plaintiffs 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. v Arnow, 238 AD2d 223, 224).

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RAMSEUR v. HUDSONVIEW CO
(Feb 24, 2009)