On January 24, 2023, Justice Livote of the Queens County Commercial Division issued a decision in Simply Funding, LLC v. Brainwave Personal Computing, LLC, 2023 NY Slip Op. 30261(U), dismissing a GBL 349 claim because the alleged misconduct was not consumer-oriented, explaining:
Defendants’ third counterclaim asserts a cause of action under GBL 349. GBL 349 applies to consumer-oriented transactions, which are limited to those transactions that involve the purchase of goods and services for personal, family or household use. The instant case does not allege a consumer-oriented transaction. Accordingly, this branch of the motion is granted.
(Internal citations omitted).