A Manhattan solo practitioner has scored his third victory against AOL. In March 2004, Russell Scarcella initiated a claim against the online giant in Manhattan Small Claims Court, seeking $5,000 in compensation for AOL’s alleged misrepresentations regarding its customer service and his resultant loss of his e-mail contacts list.
In September 2004, Civil Court Judge Debra R. Samuels denied AOL’s motion to dismiss the claim, ruling that enforcement of the forum selection clause in the company’s online service contract would contravene the purpose of a small claims court. Then, this January, the Appellate Term upheld Judge Samuels’ decision.
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