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EMPLOYEE NETWORK, INC. v. FAIRCALL CORP.

13 A.D.3d 773 (2004)

787 N.Y.S.2d 149

EMPLOYEE NETWORK, INC., Appellant, v. FAIRCALL CORPORATION et al., Respondents.

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

December 9, 2004.

Kane, J.

Plaintiff operates an employee assistance program, providing counseling and related services to approximately 120,000 employees of its estimated 200 business customers. For about 15 years, plaintiff has been utilizing a toll-free telephone number, 1-800-327-2255, and the corresponding mnemonic 1-800-EAP-CALL, for its customers' employees to contact plaintiff's counselors. In August 2001, plaintiff began receiving a large volume of misdialed calls allegedly...

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