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MORRISSEY v. NEXTEL PARTNERS

507875.

72 A.D.3d 209 (2010)

895 N.Y.S.2d 580

DANIEL MORRISSEY et al., Appellants, v. NEXTEL PARTNERS, INC., Doing Business as NEXTEL PARTNERS and Another, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, Third Department.

Decided February 25, 2010.

Attorney(s) appearing for the Case

Dryer Boyajian, L.L.P., Albany ( James R. Peluso of counsel), for appellants.

Nixon Peabody, L.L.P., Albany ( Christopher M. Mason of counsel), for respondent.

CARDONA, P.J., STEIN and GARRY, JJ., concur.

OPINION OF THE COURT

PETERS, J.

Plaintiffs each entered into a contract with defendant Nextel Partners, Inc. (hereinafter defendant), a provider of cellular telephone service, for the purchase of a "bonus minutes" promotional rate plan with one primary phone and one or more "add-on" phones. Their subscriber agreements provided for 1,000 base minutes of monthly usage as well as 200 "bonus minutes." Plaintiffs were also required to enroll in defendant's "Spending...

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