Legal Opinion
Kaplan v. Democrat & Chronicle
Appellate Division of the Supreme Court of the State of New York
Decided November 12, 1999PublishedCited by 22 opinions
1Opinion of the Court
—Order and Judgment unanimously reversed on the law with costs, claim reinstated and matter remitted to Rochester City Court for further proceedings in accordance with the following Memorandum: Claimant brought a small claims action to enforce rights created by the Telephone Consumer Protection Act of 1991 ([TCPA] 47 USC § 227). Claimant testified at trial that defendant made three telephone calls to his residence, in violation of TCPA and regulations promulgated thereunder, for the purpose of soliciting newspaper subscriptions. Rochester City Court, Small Claims Part, dismissed the claim…
2Cases cited5 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. WilliamsSupreme Court of the United States · 1919
- International Science & Technology Institute, Incorporated v. Inacom Communications, IncorporatedCourt of Appeals for the Fourth Circuit · 1997
- Erienet, Inc. Sandra MacKenzie John Knauer Frank Mezler, Jr. v. Velocity Net, Inc. Thomas Dylewski Chad FerenackCourt of Appeals for the Third Circuit · 1998
- Kenro, Inc. v. Fax Daily, Inc.District Court, S.D. Indiana · 1997
- Kaplan v. Democrat & ChronicleRochester City Court · 1998
3Cited by22 opinions
- Standard Mutual Insurance Co. v. LayIllinois Supreme Court · 2013
- Reynolds v. Diamond Foods & Poultry, Inc.Supreme Court of Missouri · 2002
- Penzer v. Transportation InsuranceCourt of Appeals for the Eleventh Circuit · 2008
- Hooters of Augusta, Inc. v. NicholsonCourt of Appeals of Georgia · 2000
- Terra Nova Insurance v. Fray-WitzerMassachusetts Supreme Judicial Court · 2007
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