The state Supreme Court ruled that the lawsuit could continue, overruling part of a lower court's decision that had sided with Microsoft. The high court's ruling stated, "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."

Microsoft successfully fended off much of the US Justice Department's antitrust suit with a settlement finalized in 2002. The outcome of the federal suit encouraged a multitude of trial lawyers to assail the Redmond, Washington, giant in state courts. The company has managed to settle the bulk of them so far, but at least seven are still in play.

The New York suit is not an antitrust case. Rather, it contends that Microsoft violated section 349 of the state's general business code. That section prohibits "deceptive acts or practices in the conduct of any business, trade or commerce" and lets private individuals sue for damages and attorney's fees. At the heart of the lawsuit is the claim that Microsoft entered into secret agreements with computer makers to throttle competition and create an "applications barriers" in its Windows operating system that harmed competitors such as Linux. The suit alleges that those practices resulted in higher prices for New York consumers.

Microsoft had argued that the plaintiffs were prohibited from pursuing their case because of another New York law that sets out the rules for certain types of class actions. But the Supreme Court disagreed, saying that because "plaintiffs in their amended complaint expressly seek only actual damages, the motion court correctly found (the law) which prohibits class actions for recovery of minimum or punitive damages, inapplicable."