LUNNEY v. PRODIGY SERVS. CO.


94 N.Y.2d 242 (1999)

723 N.E.2d 539

701 N.Y.S.2d 684

ALEXANDER G. LUNNEY, Appellant, v. PRODIGY SERVICES COMPANY, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 2, 1999.


Attorney(s) appearing for the Case

Thomas V. Marino, New York City, and Lunney & Murtagh, L. L. C., White Plains (J. Robert Lunney of counsel), for appellant.

Phillips Nizer Benjamin Krim & Ballon, L. L. P., New York City (Michael J. Silverberg and Bruce J. Turkle of counsel), for respondent.

Bruce A. Taylor, Fairfax, Virginia, Paul J. McGeady, New York City, and Robin S. Whitehead for National Law Center for Children and Families and another, amici curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and WESLEY concur; Judge BELLACOSA taking no part.


OPINION OF THE COURT

ROSENBLATT, J.

Usurping the name of Alexander Lunney (a teenage Boy Scout and infant plaintiff in this appeal), an unknown imposter opened a number of accounts with Prodigy Services Company (Prodigy), an Internet Service Provider (ISP). The imposter posted two vulgar messages in Lunney's name on a Prodigy bulletin board and sent a threatening, profane electronic mail (e-mail) message in Lunney's name to a third person. Lunney, by his...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases