Clarity Connect, Inc. v. AT&T Corp.

Appeal from an order of the Supreme Court (Mulvey, J.), entered June 16, 2004 in Tompkins County, which granted defendants’ motion to dismiss the complaint.

Plaintiff, an Internet service provider, commenced this declaratory judgment action in October 2003 seeking, insofar as relevant to this appeal, a determination as to the balance it owed defendants on an account created to provide plaintiff with telephone access to the Internet. Shortly thereafter, defendants instituted an action for a money judgment against plaintiff, seeking payment for outstanding balances allegedly owed on the account.…