| Jiang Ming Huang v Utica Natl. Ins. Group |
| 2007 NY Slip Op 50549(U) [15 Misc 3d 127(A)] |
| Decided on March 21, 2007 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from that portion of an order of the Civil Court of the City of New York, New York County, (Manuel J. Mendez, J.), entered March 7, 2006, which denied its motion to compel discovery and for summary judgment dismissing plaintiff's second cause of action.
PER CURIAM:
Order (Manuel J. Mendez, J.), entered March 7, 2006, modified to grant defendant's motion for summary judgment dismissing plaintiff's second cause of action, and as modified, affirmed, with $10 costs.
Plaintiff-insured failed to set forth a cause of action under General Business Law § 349 since the complaint essentially alleges a private contract dispute over policy coverage and the processing of a claim which is unique to these parties, rather than conduct which affects the consumer public at large (see Fulton v Allstate Ins. Co., 14 AD3d 380 [2005]; Pellechia & Pellechia v American Natl. Fire Ins. Co., 244 AD2d 395 [1997]). We have considered defendant's remaining argument and find it unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
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Decision Date: March 21, 2007