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TILLMAN v. DISTRIBUTION SYS.

224 A.D.2d 79 (1996)

648 N.Y.S.2d 630

Kenneth Tillman et al., Respondents, v. Distribution Systems of America, Inc., Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 7, 1996

Attorney(s) appearing for the Case

Berg & Duffy, Mineola (James P. Duffy, III, Dennis C. Carletta and Paul C. White of counsel), for appellant.

Kenneth J. Glassman, New York City, for respondents.

Rogers & Wells, New York City (David A. Schultz, Jerome L. Wilson and David E. McCraw of counsel), for New York Newspaper Publishers Association, Inc., amicus curiae.

O'BRIEN, RITTER and JOY, JJ., concur.

BRACKEN, J. P.

We hold that neither a publisher nor a distributor has any constitutional right to continue to throw a newspaper onto the property of an unwilling recipient after having been notified not to do so (see, City of Fredonia v Chanute Tribune, 7 Kan.App.2d 65, 638 P.2d 347). "Traditionally the American law punishes...

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