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SCOTT v. BELL ATL. CORP.

282 A.D.2d 180 (2001)

726 N.Y.S.2d 60

WALTER SCOTT et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. BELL ATLANTIC CORPORATION, Now Known as VERIZON COMMUNICATIONS, INC., et al., Appellants.

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

May 10, 2001.

Attorney(s) appearing for the Case

Jason L. Solotaroff of counsel, New York City (Mark S. Kaufman and Joshua N. Rubin on the brief; Law Offices of Mark S. Kaufman, Stamell & Schager, L. L. P., and Abbey Gardy & Squitieri, L. L. P., attorneys), for respondents.

Guy Miller Struve of counsel, New York City (Sharon Katz, Nancy B. Ludmerer and D. Scott Tucker on the brief; Davis Polk & Wardwell, Robert Ernst and Richard H. Wagner, attorneys), for appellants.

NARDELLI, J. P., TOM, LERNER and RUBIN, JJ., concur.

OPINION OF THE COURT

WILLIAMS, J.

This appeal raises the issues of whether the motion court erred in not dismissing, on defendants' pre-answer motion to dismiss, plaintiffs' second amended complaint, which alleged causes of action for violations of General Business Law §§ 349 and 350, breach of warranty and breach of contract, and in granting plaintiffs' CPLR 3025 (b) motion to amend which interposed an additional cause of action for fraudulent...

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