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BRISSENDEN v. TIME WARNER

601587/04

25 Misc.3d 1084 (2009)

885 N.Y.S.2d 879

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 OF NEW YORK CITY, a Division of TIME WARNER CABLE INC., et al., Defendants.

Supreme Court, New York County.

Decided September 16, 2009.

Attorney(s) appearing for the Case

Law Offices of Stephen V. Saia, Pembroke, Massachusetts (Stephen V. Saia of counsel), and Louis F. Burke P.C., New York City, for plaintiff.

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

OPINION OF THE COURT

BERNARD J. FRIED, J.

Plaintiff Kimberly Brissenden brings this proposed class action lawsuit on behalf of herself and other subscribers to basic-only cable television offered by Time Warner Cable of New York City, a division of Time Warner Cable Inc. Plaintiff alleges that Time Warner is engaged in unfair and deceptive business practices in violation of section 349 of the General Business Law, because it is charging its basic cable customers...

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