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OKEKE v. CARS.COM

CV-018363/12.

40 Misc.3d 582 (2013)

966 N.Y.S.2d 843

2013 NY Slip Op 23174

BENJAMIN OKEKE, Plaintiff, v. CARS.COM et al., Defendants.

Civil Court of the City of New York, Queens County.

Decided May 28, 2013.

Attorney(s) appearing for the Case

Anthony DiPaolo, P.C., Queens Village ( Anthony DiPaolo of counsel), for Cars.com and another, defendants. Lazer, Aptheker, Rosella & Yedid, P.C., Melville ( Joseph C. Savino of counsel), for Capital One, N.A., defendant. Benjamin Okeke, plaintiff pro se.

OPINION OF THE COURT

JAMES E. D'AUGUSTE, J.

Defendants Cars.com1 and Classified Ventures, LLC (collectively, Cars), seek dismissal of plaintiff Benjamin Okeke's complaint on the grounds that (1) the lawsuit violates a terms of service agreement (TOS), including a forum selection provision, or, in the alternative, (2) the complaint is barred based upon the application of the Communications Decency Act of

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