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CORSELLO v. VERIZON NY INC.

39610/07

2008 NY Slip Op 52081(U)

WILLIAM CORSELLO and EVELYN CORSELLO, on behalf of themselves and all others similarly situated, Plaintiffs, v. VERIZON NEW YORK INC. (F/K/A NEW YORK TELEPHONE COMPANY), VERIZON COMMUNICATIONS INC., and JOHN DOES, Defendants.

Supreme Court of the State of New York, Kings County.

Decided October 17, 2008.

Attorney(s) appearing for the Case

David M. Wise, Esq., Cranford, NJ, Attorney for Plaintiff.

Joseph Serino, Jr., Esq., Kirkland & Ellis LLP, New York, NY, Attorney for Defendants.

CAROLYN E. DEMAREST, J.

Defendants Verizon New York Inc. and Verizon Communications Inc.1 (collectively "Verizon") move for an order pursuant to CPLR 3211(a)(7) dismissing this putative class action brought by plaintiffs William and Evelyn Corsello against Verizon for failure to state a cause of action. For the reasons set forth below defendant's motion is granted in part and denied in part.2

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