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SAMUEL v. TIME WARNER, INC.

10 Misc.3d 537 (2005)

809 N.Y.S.2d 408

JOHN SAMUEL, on Behalf of Himself and All Others Similarly Situated, Plaintiff, v. TIME WARNER, INC., Doing Business as TIME WARNER CABLE OF NEW YORK CITY, Defendant. KIMBERLY BRISSENDEN, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. TIME WARNER CABLE OF NEW YORK CITY, a Division of TIME WARNER CABLE INC., et al., Defendants.

Supreme Court, New York County.

October 24, 2005.

Attorney(s) appearing for the Case

Cahill Gordon & Reindel LLP, New York City (Jonathan D. Thier, Elai Katz and David Montone of counsel), for defendants.

Locks Law Firm, New York City (Seth R. Lesser of counsel), Brian L. Bromberg, P.C., New York City, and Berger & Gottlieb, New York City (Jeffrey Gottlieb of counsel), for John Samuel, plaintiff.

Stephen V. Saia, Pembroke, Massachusetts, Louis F. Burke, P.C., New York City, and Johnson & Perkinson, South Burlington, Vermont (Jacob B. Perkinson of counsel), for Kimberly Brissenden, plaintiff.

OPINION OF THE COURT

BERNARD J. FRIED, J.

Plaintiffs John Samuel and Kimberly Brissenden bring these proposed class action lawsuits on behalf of themselves and other subscribers to basic cable television services offered by Time Warner Cable of New York City (TWCNYC), alleging that defendants are engaged in unfair and deceptive business practices in violation of section 349 of New York's General Business Law. Plaintiffs claim that TWCNYC is charging its...

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