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DILLON v. U-A COLUMBIA

292 A.D.2d 25 (2002)

740 N.Y.S.2d 396

ADRIANA C. DILLON, on Behalf of Herself and All Others Similarly Situated, Appellant, v. U-A COLUMBIA CABLEVISION OF WESTCHESTER, INC., Doing Business as TCI CABLE OF WESTCHESTER, Respondent, et al., Defendants.

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

April 8, 2002.

Attorney(s) appearing for the Case

Caruso & Dillon, P.C., Mamaroneck (John M. Dillon and Van Bunch of counsel), and Bonnett, Fairbourn, Friedman & Balint, P.C., Phoenix, Arizona (Elaine A. Ryan and Andrew S. Friedman of counsel), for appellant. (One brief filed.)

Lynch Rowin, LLP, New York City (Marc Rowin and Susan Jamison of counsel), for respondent.

SANTUCCI, J.P., ALTMAN, TOWNES and CRANE, JJ., concur.

OPINION OF THE COURT

Per Curiam.

At issue on this appeal is whether the voluntary payment doctrine bars recovery of alleged excessive late fees paid by the plaintiff to the defendant U-A Columbia Cablevision of Westchester, Inc., doing business as TCI Cable of Westchester (hereinafter the defendant). We agree with the Supreme Court that the doctrine precludes recovery and affirm the dismissal of the complaint insofar as asserted against the defendant.

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