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OVITZ v. BLOOMBERG L.P.

No. 38.

18 N.Y.3d 753 (2012)

967 N.E.2d 1170

944 N.Y.S.2d 725

2012 NY Slip Op 2249

BRUCE OVITZ, on Behalf of Himself and All Others Similarly Situated, Appellant, v. BLOOMBERG L.P. et al., Respondents.

Court of Appeals of New York.

Decided March 27, 2012.

Attorney(s) appearing for the Case

Tannenbaum Helpern Syracuse & Hirschtritt LLP, New York City ( Vincent J. Syracuse and Matthew J. Sinkman of counsel), and Sperling & Slater, P.C., Chicago Illinois ( Bruce S. Sperling , Mitchell H. Macknin and Greg Shinall of counsel), for appellant.

Willkie Farr & Gallagher LLP, New York City ( Thomas H. Golden and Sameer Advani of counsel), for respondents.

Skadden, Arps, Slate, Meagher & Flom LLP, New York City ( Jeffrey A. Mishkin, Anthony J. Dreyer and Jamie Stockton of counsel), for Sirius XM Radio Inc., amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ and SMITH concur. with Judge JONES; Judge PIGOTT dissents in part in a separate opinion.

OPINION OF THE COURT

JONES, J.

In June 2000, plaintiff Bruce Ovitz, an Illinois resident, entered into a two-year subscription agreement with defendant Bloomberg L.P. (Bloomberg) to lease a desktop terminal, software and other equipment to access real-time financial information services offered by the company. The contract provided that it "shall be automatically renewed for successive two-year periods" unless either the lessee (plaintiff) or lessor (Bloomberg...

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