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KYTEL INTERNATIONAL GROUP, INC. v. TOTAL-TEL CARRIER SERVICES, INC.

47 A.D.3d 448 (2008)

851 N.Y.S.2d 5

KYTEL INTERNATIONAL GROUP, INC., Respondent, v. TOTAL-TEL CARRIER SERVICES, INC., Also Known as COVISTA CARRIER SERVICES, INC., et al., Appellants. KYTEL INTERNATIONAL GROUP, INC., Appellant, v. TOTAL-TEL CARRIER SERVICES, INC. Also Known as COVISTA CARRIER SERVICES, INC., et al., Respondents.

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

Decided January 15, 2008.

Construing the amended complaint liberally and giving it every favorable inference, that pleading still does not present factual allegations that would estop defendants from asserting the two-year statute of limitations (47 USC § 415 [a]) as a defense. Those allegations state simply that defendants, during the two-year period following plaintiff's discovery that one of its customers was rerouting calls through plaintiff's network...

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