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SOLOMON v. BELL ATL. CORP.

9 A.D.3d 49 (2004)

777 N.Y.S.2d 50

DAVID SOLOMON et al., Respondents, v. BELL ARLANTIC CORPORATION, Now Known as VERIZON COMMUNICATIONS, INC., et al., Appellants. JAMES CROAK, Respondent, v BELL ATLANTIC CORPORATION, Now Known as VERIZON COMMUNICATIONS, INC., et al., Appellants. JEROME WEISS et al., Respondents, v VERIZON COMMUNICATIONS CORPORATION et al., Appellants.

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

May 13, 2004.

Attorney(s) appearing for the Case

White & Case LLP (James M. McGuire of counsel), Davis Polk & Wardwell (Guy Miller Struve, Nancy B. Ludmerer and Edmund Polubinski, III, of counsel), Robert Ernst and Richard H. Wagner for appellants.

Abbey Gardy, LLP (Joshua N. Rubin of counsel), Giskan & Solotaroff (Jason L. Solotaroff of counsel), Law Offices of Mark S. Kaufman (Mark S. Kaufman of counsel), Morris & Morris LLC (Karen L. Morris and Patrick F Morris of counsel), and William A. Thomas for respondents.

ANDRIAS, J.P, WILLIAMS and GONZALEZ, JJ., concur.

OPINION OF THE COURT

ELLERIN, J.

The issue before us is whether class certification was proper in this action for damages for defendants' alleged violations of General Business Law §§ 349 and 350 in the marketing of their Digital Subscriber Line (DSL) Internet access service.

Plaintiffs in these three consolidated cases are consumers who subscribed to defendants' DSL service, which makes possible access to the Internet via telephone lines...

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