Legal Opinion

Miller v. Distribution Systems of America, Inc.

Appellate Terms of the Supreme Court of New York

Decided October 27, 1997PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Judgment affirmed without costs.

*514In this small claims trial, plaintiff testified that he sent defendant repeated notices to stop the delivery of unsolicited plastic wrapped parcels containing various items including advertisements and fliers, on his property, and that despite these notifications, defendant continued to deliver the unwanted parcels at his home. Plaintiff therefore sought to recover damages based upon, inter alia, a breach of contract theory. Defendant’s witnesses conceded that they had been notified by plaintiff in writing of his request to stop…

2Cases cited3 opinions

  1. Rowan v. United States Post Office DepartmentSupreme Court of the United States · 1970
  2. Kronos, Inc. v. AVX Corp.New York Court of Appeals · 1993
  3. Tillman v. Distribution Systems of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1996

3Cited by2 opinions

  1. Leyse v. Domino's Pizza LLCAppellate Division of the Supreme Court of the State of New York · 2008
  2. Opn. No., New York Attorney General Reports2008

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