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RUDGAYZER & GRATT v. ENINE

193 Misc.2d 449 (2002)

749 N.Y.S.2d 855

RUDGAYZER & GRATT, Plaintiff, v. ENINE, INC., et al., Defendants.

Civil Court, Kings County.

September 30, 2002.

Attorney(s) appearing for the Case

Todd C. Bank, Kew Gardens, for plaintiff.

Cozen O'Connor, New York City (Theresa Brennan Murphy of counsel), for defendants.

OPINION OF THE COURT

DEBRA SILBER, J.

Plaintiff law firm moves for summary judgment, claiming they received an unsolicited "junk fax" from defendants, thereby entitling plaintiff to statutory damages of $500 and treble damages of $1,500, pursuant to the provisions of the Federal Telephone Consumer Protection Act of 19911 (hereinafter TCPA). After oral argument, both sides represented...

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