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.
Court of Appeals of the State of New York.
OPINION OF THE COURT
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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