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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47172 Justice Rudolph PLAINTIFFS, NEW York Yankees fans, filed a class action alleging that defendant cable television provider violated Public Service Law �226 by refusing to provide subscribers with the YES Network, which obtained broadcast rights to Yankees baseball games in 2002. They also argued that defendant’s violated PSL �224-a by failing to notify subscribers that it would not carry Yankees games, an act they claimed constituted a “network change” and “significant programming change” as defined in PSL �212. The court dismissed plaintiffs’ lawsuit, finding no express or implied private right of action accruing to them under the PSL. Finding that plaintiffs raised no triable factual issues as to their third-party beneficiary status, the court, citing Fourth Ocean Putnam Corp. v. Interstate Wrecking Co., rejected their claims that defendant failed to provide its subscribers, as third-party beneficiaries, with notice required by its franchise agreement in connection with network changes and significant programming changes.

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