Legal Opinion
J. A. Weitzman, Inc. v. Lerner, Cumbo & Associates, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 18, 2007PublishedCited by 4 opinions
1Opinion of the Court
In a putative class action, inter alia, for injunctive relief and to recover damages for violation of the Telephone Consumer Frotection Act (47 USC § 227), and General Business Law § 349, the plaintiff appeals from an order of the Supreme Court, Nassau County (Davis, J.), dated July 7, 2006, which granted the motion of the defendant Lerner, Cumbo & Associates, Inc., for summary judgment dismissing the complaint insofar as asserted against it.
*756Ordered that the order is affirmed, with costs.
The plaintiff’s complaint arises out of a single incident in which it received a three-page facsimile…
2Cases cited13 opinions
- Ashland Management Inc. v. JanienNew York Court of Appeals · 1993
- Kenford Co. v. County of ErieNew York Court of Appeals · 1986
- Super Glue Corp. v. Avis Rent A Car System, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Marcus v. AT & T CORP.District Court, S.D. New York · 1996
- Porr v. NYNEX Corp.Appellate Division of the Supreme Court of the State of New York · 1997
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3Cited by4 opinions
- Bonime v. Avaya, Inc.Court of Appeals for the Second Circuit · 2008
- Globe Surgical Supply v. GEICO InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- Loc. Baking Prod. v. Kosher Bagel.New Jersey Superior Court Appellate Division · 2011
- Bonime v. Avaya, Inc.Court of Appeals for the Second Circuit · 2008