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VERIZON NEW YORK v. CHOICE ONE COMMUNICATIONS

No. 06 Civ.9955 SAS.

499 F.Supp.2d 326 (2007)

VERIZON NEW YORK INC., Plaintiff, v. CHOICE ONE COMMUNICATIONS OF NEW YORK, INC., Defendant.

United States District Court, S.D. New York.

March 27, 2007.

Attorney(s) appearing for the Case

Richard H. Dolan, Schlam Stone & Dolan LLP, New York, New York, Scott H. Angstreich, Kellogg, Huber, Handsen, Todd, Evans & Figel, P.L.L.C., Washington, D.C., for Plaintiff.

Seth R. Goldman, Paul A. Tuchmann, Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., New York, New York, for Defendant.

OPINION AND ORDER

SCHEINDLIN, District Judge.

Verizon New York Inc. ("Verizon") brought an action against Choice One Communications of New York, Inc. ("Choice One") in the Supreme Court of the State of New York.1 In that action, Verizon asserted breach of contract and unjust enrichment claims resulting from Choice One's alleged failure to repay Verizon the overpayments it made to Choice One resulting from the higher amounts...

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