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PORR v. NYNEX CORP.

230 A.D.2d 564 (1997)

660 N.Y.S.2d 440

Robert Porr, on Behalf of Himself and All Others Similarly Situated, Respondent-Appellant, v. NYNEX Corporation et al., Appellants-Respondents

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

July 7, 1997

Attorney(s) appearing for the Case

Davis Polk & Wardwell, New York City (Guy Miller Struve and David B. Anders of counsel), and John E. Reilly and Richard H. Wagner, New York City, for appellants-respondents. (One brief filed.)

Sheldon V. Burman, P. C., New York City (James B. Fishman and G. Oliver Koppell of counsel), for respondent-appellant.

ROSENBLATT, J. P., SULLIVAN and PIZZUTO, JJ., concur.

FRIEDMANN, J.

The plaintiff is a NYNEX customer and ratepayer in Westchester County who purports to represent both himself and others similarly situated. The plaintiff charges that the defendants "secretly" and "fraudulently" followed "a policy of charging for phone calls in whole-minute increments only". For example, if a phone call lasts for two minutes and one...

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