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MILLER v. DISTRIBUTION SYS.

175 Misc.2d 513 (1997)

670 N.Y.S.2d 668

Anthony Miller, Respondent, v. Distribution Systems of America, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

October 27, 1997

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher, L. L. P., New York City (Robert D. Sack and Peter J. Beshar of counsel), for appellant.

DiPAOLA, P. J., and INGRASSIA, J., concur; COLLINS, J., taking no part.

MEMORANDUM.

Judgment affirmed without costs.

In 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...

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