Ginarte v Ouhenia

[*1] Ginarte v Ouhenia 2015 NY Slip Op 50292(U) Decided on March 9, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 9, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Shulman, JJ.
570551/14

Lauren Ginarte and Alex Gingerella, Plaintiffs-Appellants, -

against

Lynda Ouhenia, Defendant-Respondent.

Plaintiffs appeals from that portion of an order of the Civil Court of the City of New York, New York County (James E. d'Auguste, J.), entered March 26, 2014, which denied their claim for statutory damages and attorneys' fees pursuant to General Business Law § 349(h).

Per Curiam.

Order (James E. d'Auguste, J.), entered March 26, 2014, insofar as appealed from, affirmed, without costs.

Plaintiffs' present claim for statutory damages and attorneys' fees pursuant to General Business Law § 349(h) is not properly considered, since it was raised for the first time in their reply papers below (see Matter of Held v State of NY Workers' Compensation Bd., 103 AD3d 1063, 1065 n 1 [2013]). In any event, we reject it on the merits, since this case involves precisely the type of "[p]rivate contract dispute[ ], unique to the parties, [that] would not fall within the ambit of the statute" (Oswego Laborers' Local 214 Pension Fund v Marine Midland Bank, 85 NY2d 20, 25 [1995]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: March 09, 2015