RUDGAYZER & GRATT v. LRS


6 Misc.3d 20 (2004)

789 N.Y.S.2d 601

RUDGAYZER & GRATT, Appellant, v. LRS COMMUNICATIONS, INC., Respondent.

Supreme Court, Appellate Term, Second Department.

October 29, 2004.


Attorney(s) appearing for the Case

Todd C. Bank, Kew Gardens, for appellant.

PESCE, P.J., ARONIN and PATTERSON, JJ., concur.


OPINION OF THE COURT

Memorandum.

Order unanimously modified so as to delete the provision imposing costs upon plaintiff's counsel; as so modified, affirmed without costs.

In this action pursuant to the Telephone Consumer Protection Act of 1991 (47 USC § 227 [TCPA]), plaintiff, a law firm, alleged that defendant had sent it an unsolicited commercial advertising fax transmission in violation of the TCPA (47 USC § 227 [b]). Subsequently, plaintiff...

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