KAPLAN v. DEMOCRAT AND CHRONICLE


266 A.D.2d 848 (1999)

698 N.Y.S.2d 799

MARTIN C. KAPLAN, Appellant, v. DEMOCRAT AND CHRONICLE, Respondent.

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

Decided November 12, 1999.


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...

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