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NIEMIEC v. KELLMARK CORP.

153 Misc.2d 347 (1992)

Michael A. Niemiec et al., Plaintiffs, v. Kellmark Corp., Doing Business as United Consumers Club of Buffalo, Defendant. Kellmark Corp., Doing Business as United Consumers Club of Buffalo, Plaintiff, v. Michael A. Niemiec et al., Defendants.

City Court of Tonawanda.

February 6, 1992

Attorney(s) appearing for the Case

Michael R. Belczak for Michael A. Niemiec and another. Saperston & Day (Lisa Massaro Keating of counsel), for Kellmark Corp.

DAVID GERALD JAY, J.

"`Will you walk into my parlor?' said the spider to the fly; "`Tis the prettiest little parlor that ever you did spy.'" (Howitt, The Spider and the Fly.)

The facts elicited at trial are basically uncontested. Kellmark attracts the attention of members of the public to its business mainly by telephone solicitation. Once a prospect has been identified, a solicitor...

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