SAUNDERS v. AOL TIME WARNER, INC.


18 A.D.3d 216 (2005)

794 N.Y.S.2d 342

KIMBERLY SAUNDERS et al., Appellants, v. AOL TIME WARNER, INC., Respondent.

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

May 3, 2005.


The complaint in this action, alleging that defendant's subsidiary TWCNYC failed to afford its subscribers adequate notice of the circumstance that access to Basic service cable television programming does not require rental of a cable converter box, should have been filed against TWCNYC, and not defendant.

In any event, plaintiff Linda Saunders was not a proper plaintiff. Inasmuch as she was a subscriber to TWCNYC's Standard cable service, an upgrade over Basic service...

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