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PHONE ADMIN. SERVS. INC. v. VERIZON N.Y., INC.

Index No. 100329/14. Appeal No. 16854. Case No. 2022-01563.

211 A.D.3d 493 (2022)

180 N.Y.S.3d 131

2022 NY Slip Op 07012

Phone Administrative Services Inc., Respondent, v. Verizon New York, Inc., et al., Appellants.

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

Decided December 8, 2022.

Attorney(s) appearing for the Case

Lowenstein Sandler LLP, New York ( Gavin J. Rooney of counsel), and Robinson Bradshaw , Charlotte, NC ( Gregory L. Skidmore of the bar of the State of North Carolina, admitted pro hac vice, of counsel), for Verizon New York Inc., Verizon Communications Inc., XO New York, Inc., and XO Communications Services, LLC, appellants.

Kellogg, Hansen, Todd, Figel & Frederick, PLLC, Washington, DC ( Bethan R. Jones of the bar of the State of New Jersey and the District of Columbia, admitted pro hac vice, of counsel), for Level 3 Communications, LLC, CenturyLink Communications, LLC, TC Systems, Inc., AT&T Corp., AT&T Communications of New York, Inc., appellants.

Sparacino PLLC, New York ( Tejinder Singh of counsel), for respondent.

Concur—Gesmer, J.P., Kennedy, Scarpulla, Rodriguez, JJ.

Order, Supreme Court, New York County (Melissa Crane, J.), entered March 11, 2022, which denied defendants' motion to dismiss the fourth amended complaint, unanimously affirmed, with costs.

In this qui tam action, plaintiff, as relator, alleges that in violation of the New York False Claims Act (State Finance Law § 187 et seq. [the NYFCA]), defendant telephone carriers failed to charge their business customers all the 911 surcharges owed under the local...

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