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.
Appellate Division of the Supreme Court of the State of New York, First Department.
OPINION OF THE COURT
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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