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DILLON v. U-A COLUMBIA CABLEVISION OF WESTCHESTER, INC.

100 N.Y.2d 525 (2003)

790 N.E.2d 1155

760 N.Y.S.2d 726

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.

Court of Appeals of the State of New York.

Decided May 1, 2003.

Attorney(s) appearing for the Case

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

White & Case LLP, New York City (Cyrus Benson III and Martin J. Valasek of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff, a customer of defendant cable television company, commenced this purported class action for compensatory and punitive damages challenging the $5 late fee she paid to defendant for her late payments. The complaint alleges that, although defendant in its promotional materials characterized the late fee as an administrative fee intended to...

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