BROOKLYN, N.Y. (Legal Newsline) – A New York resident is suing Apple over claims that its latest phone update caused performance issues in certain phones.

Chaim Lerman, individually and for all others similarly situated, filed a class-action complaint Dec. 29 in the U.S. District Court for the Eastern District of New York against Apple Inc., alleging violations of New York's General Business Law.

The suit states iPhone 4S owners, including Lerman and others in the class, were harmed when they updated their phones' software to the newest version, iOS 9. According to the suit, the update slowed down their devices' performance significantly and interfered with normal usage of the phone.

Apple had represented that iOS is compatible with and supports the iPhone 4S, but the suit claims the company failed to warn 4S owners that the update may significantly interfere with the device's performance.

Lerman and others in the class seek damages, an order enjoining Apple's unlawful practices and requiring corrective advertisements and disclaimers and attorney fees, together to exceed $5 million. They are represented by attorneys Peretz Bronstein and Shimon Yiftach of Bronstein Gewirtz & Grossman in New York City.

U.S. District Court for the Eastern District of New York Case number 1:15-CV-07381-SJ-LB

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