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NY Magazine Delivery Reduction Labeled Fraud

MANHATTAN (CN) - New York Magazine became a biweekly but never refunded the difference to subscribers, a federal class action by a Queens couple alleges.

The complaint filed Tuesday describes the New York Media publication, before the March 2014 delivery change, as "a weekly periodical with a few 'doble' issues thereby only being sent approximately 46-52 times per year."

Rochelle Berliner and Neil Zipkin say their pre-existing subscription was "for a weekly (or near weekly) magazine distribution" of New York Magazine.

Since the company decision to "unilaterally change[]" their subscription status, however, Burliner and Zipkin "have received far fewer magazines to date and have not received a rebate and/or extension of their NYM subscription to make up for the difference in value."

The class seeks punitive damages from New York Media for fraud, violations of New York General Business law, negligence, breach of contract and unjust enrichment.

They are represented by Charles Gershbaum with Hepworth, Gershbaum & Roth.

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