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GENNES v. YELLOW BOOK OF N.Y.

3 Misc.3d 519 (2004)

776 N.Y.S.2d 758

BRYAN GENNES et al., on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. YELLOW BOOK OF NEW YORK, INC., Defendant.

Supreme Court, Nassau County.

March 23, 2004.

Attorney(s) appearing for the Case

Proskauer Rose, LLP, New York City (Aaron J. Schindel of counsel), for defendant.

Lipman & Plesur, LLP, Jericho (Robert D. Lipman and David A. Robins of counsel), for plaintiffs.

OPINION OF THE COURT

GEORGE R. PECK, J.

The defendant's motion for summary judgment and the plaintiffs' cross motion for summary judgment are determined as follows:

Plaintiffs, as a class, are suing to recoup monies which they maintain were improperly withheld by the defendant. These funds fall into two categories. The first they claim are illegally imposed "charge backs"; the second is the failure to pay...

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