PORR v. NYNEX CORP.


170 Misc.2d 203 (1996)

650 N.Y.S.2d 509

Robert Porr, on Behalf of Himself and All Others Similarly Situated, Plaintiff, v. Nynex Corporation et al., Defendants.

Supreme Court, Westchester County.

October 9, 1996


Attorney(s) appearing for the Case

Davis Polk & Wardwell, New York City, and John E. Reilly and Richard H. Wagner, New York City, for defendants. Sheldon V. Burman, P. C., New York City, for plaintiff.


PETER P. ROSATO, J.

The instant action is an alleged class action wherein plaintiff asserts that defendants have engaged in a deceptive and fraudulent course of conduct by concealing from the public that they are charging for telephone calls in whole-minute increments, a policy known in the business as "rounding up". Defendants move to dismiss the instant complaint on the basis of certain doctrines known as...

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