Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank

In Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, 85 NY2d 20 [1995] the Court found the defendant bank's conduct to be consumer oriented where the bank's representative dealt with the plaintiff unions' representative in the same manner as it would have dealt with any customer that came into the bank to open an account. Because there was nothing about the manner in which the accounts were opened that was unique to the two parties, or was private in nature or amounted to a single transaction between them, the Court of Appeals held that the actions of the bank representative in opening the wrong type of account for plaintiffs was "consumer-oriented in the sense that they potentially affect similarly situated consumers." (Id. at 27.)