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VERIZON NEW YORK, INC. v. CHOICE ONE COMMUNICATIONS OF NEW YORK, INC.

55 A.D.3d 378 (2008)

865 N.Y.S.2d 213

VERIZON NEW YORK, INC., Respondent, v. CHOICE ONE COMMUNICATIONS OF NEW YORK, INC., Appellant.

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

October 16, 2008.

Assuming that plaintiff would have been required to exhaust its administrative remedies by first bringing its claims regarding payment for telecommunication interconnection charges before the Public Service Commission (see Core Communications, Inc. v Verizon Pa., Inc., 493 F.3d 333, 342-343 [2007]), the parties' agreement waived such requirement. Waiver was not expressly prohibited by statute (see Matter of Abramovich v Board of...

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