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New York suit against Microsoft can continue

On Tuesday The New York state of appeals rejected Microsoft's request to throw out a class-action lawsuit. The lawsuit accused Microsoft of being deceptive and as usual using monopolistic practices. It should be noted that The New York suit is not an antitrust case, but that it was filed by a law firm of Milberg Weiss Bershad & Schulman. Who proclaim that Microsoft violated the state's general business code.

A New York state appeals court has rejected Microsoft's attempt to throw out a class-action suit alleging deceptive and monopolistic business practices.

The state Supreme Court ruled Tuesday that the lawsuit could continue, overruling part of a lower court's decision that had sided with Microsoft. "Microsoft's end-user license agreements with its prime customers, the computer manufacturers and distributors, insulate it only from product defect claims, not consumer injury complaints predicated upon claims of monopolistic and deceptive conduct," the Supreme Court said.

Microsoft successfully fended off much of the Justice Department's antitrust suit with a settlement finalized in 2002. But the outcome of the federal suit encouraged a multitude of trial lawyers to assail the Redmond, Wash., giant in state courts. The company has managed to settle the bulk of them so far, but at least seven are still in play. Stacy Drake, a Microsoft spokeswoman, said the company's lawyers were still reviewing Tuesday's ruling and were not ready to disclose whether they would appeal. "We're disappointed in the ruling, but we will continue to defend ourselves against these meritless claims," Drake said.

News source: C|Net News.com

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