Print: Drop internet suit? Not so fast, Charter

The state attorney general’s lawsuit alleging that Time Warner Cable knowingly provided slower-than-promised internet service can move forward, a state appeals panel has decided.

In a decision released Thursday the Appellate Division, First Department rejected arguments by Time Warner’s new owner, Charter Communications, to dismiss the case — upholding a lower court ruling.

While Charter had argued Time Warner’s advertisements weren’t misleading, the First Division didn’t think its claim was grounds for dismissal.

“The court correctly declined to dismiss claims based on allegations about network quality and reliability on the grounds that some of the language in the advertisements is mere puffery, because other statements in the advertisements are not mere puffery and are actionable,” the appeals panel said.

Charter Communications did not immediately respond to requests for comment.