LAUER v. NY TEL. CO.


231 A.D.2d 126 (1997)

659 N.Y.S.2d 359

Andrew Lauer, on Behalf of Himself and All Others Similarly Situated, Respondent, v. New York Telephone Company, Doing Business as NYNEX-New York, Appellant. (Action No. 1.) Daniel Forrest et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. New York Telephone Company, a Wholly Owned Subsidiary of NYNEX Corporation, Appellant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 3, 1997


Attorney(s) appearing for the Case

Davis, Polk & Wardwell, New York City (Guy Miller Struve of counsel), and John E. Reilly, New York City, for appellant.

Zwerling, Schachter & Zwerling, L. L. P.; Goodkind, Labaton, Rudoff & Sucharow, L. L. P.; and Heller, Horowitz & Feit, P. C., New York City, Kenneth J. Munnelly, Delmar, and Meyer, Suozzi, English & Klein, Mineola (G. Oliver Koppell of counsel), for respondents.

MIKOLL, J. P., MERCURE, CREW III and WHITE, JJ., concur.


PETERS, J.

Defendant, a public utility subject to the jurisdiction, supervision and powers of the Public Service Commission (hereinafter PSC), sought to offer a service to its customers, pursuant to its filed tariffs, known as "Call ID". This service, which entails the use of a separate screen to display the telephone number from which a call originates, initially left unrestricted the display of those numbers...

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