Legal Opinion

Lunney v. Prodigy Services Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 1998PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Bracken, J. P.

Some infantile practical joker with access to a computer sent an offensive electronic message (hereinafter e-mail) to a Boy Scout leader, infusing the text of the message with threats more likely to perplex than actually to intimidate an adult recipient. The intended victim of this prank appears to be less the Boy Scout leader himself than the plaintiff, Alex G. Lunney, who was then a 15-year-old prospective Eagle Scout, and whose name appeared as the signatory and author of the e-mail message in question. The charade was, as they say, crude but effective, in…

2Cases cited11 opinions

  1. Liberman v. GelsteinNew York Court of Appeals · 1992
  2. Kenneth M. Zeran v. America Online, IncorporatedCourt of Appeals for the Fourth Circuit · 1997
  3. Youmans v. . SmithNew York Court of Appeals · 1897
  4. Blumenthal v. DrudgeDistrict Court, District of Columbia · 1998
  5. Cubby, Inc. v. CompuServe Inc.District Court, S.D. New York · 1991

6 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Lunney v. Prodigy Services Co.New York Court of Appeals · 1999
  2. Marczeski v. LawDistrict Court, D. Connecticut · 2000

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