It goes without saying that not every violation of a statutory provision is actionable by a person aggrieved by the breach. Before such an action may be brought, an express or implied private right of action must be conferred on an aggrieved party (see Carrier v Salvation Army, 88 NY2d 298 [1996]). Thus, General Obligations Law § 7-105 must be examined to ascertain whether it creates a private right of action, explicitly or implicitly, or limits the right of enforcement to the Attorney General. Plaintiffs may seek relief "only if a legislative intent to create such a right of action is 'fairly implied' in the statutory provisions and their legislative history" (Hoxie's Painting Co. v Cato-Meridian Cent. School Dist., 76 NY2d 207, 211 [1990]; see also Carrier at 302). The Court of Appeals has propounded a three-pronged test to determine whether a statute confers a private right of action: "(1) whether the plaintiff is one of the class for whose particular benefit the statute was enacted; (2) whether recognition of a private right of action would promote the legislative purpose; and (3) whether creation of such a right would be consistent with the legislative scheme" (Sheehy v Big Flats Community Day, 73 NY2d 629, 633 [1989]).{**12 AD3d at 91}