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BALLAS v. VIRGIN MEDIA, INC.

60 A.D.3d 712 (2009)

875 N.Y.S.2d 523

NICOLE BALLAS, Appellant, v. VIRGIN MEDIA, INC., et al., Respondents.

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

Decided March 10, 2009.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action alleging, inter alia, breach of contract and violation of General Business Law §§ 349 and 350 with respect to "pay-as-you-go" cellular phone services. Specifically, the plaintiff alleged, among other things, that the defendants failed to disclose on the packaging of its cellular phone, or did not otherwise properly disclose, either the requirement that subscribers to its...

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