Morrissey v. Nextel Partners, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
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 Limit Program,” which imposed a monthly fee for each phone based on their credit rating1 and limited the total charges that they could…
2Cases cited36 opinions
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.New York Court of Appeals · 1995
- Stutman v. Chemical BankNew York Court of Appeals · 2000
- Small v. Lorillard Tobacco Co.New York Court of Appeals · 1999
- Gaidon v. Guardian Life Insurance Co. of AmericaNew York Court of Appeals · 1999
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3Cited by15 opinions
- Cruz v. FXDirectDealer, LLCCourt of Appeals for the Second Circuit · 2013
- In Re Digital Music Antitrust LitigationDistrict Court, S.D. New York · 2011
- Tomasino v. Estee Lauder Companies Inc.District Court, E.D. New York · 2014
- In Re Hydroxycut Marketing & Sales Practices Lit.District Court, S.D. California · 2011
- Bristol Village, Inc. v. Louisiana-Pacific Corp.District Court, W.D. New York · 2016
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