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SHOSTACK v. LEWKOWITZ

2017-06420. Index No. 8253/16.

187 A.D.3d 1086 (2020)

131 N.Y.S.3d 166

2020 NY Slip Op 05963

Dave Shostack, Appellant, v. Cory Lewkowitz et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 21, 2020.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court's determination to grant that branch of the defendants' motion which was pursuant to CPLR 3211(a)(7) to dismiss the cause of action to recover damages pursuant to the Telephone Consumer Protection Act of 1991 (47 USC § 227 [hereinafter the TCPA]). While the complaint alleged that the defendant Cory Lewkowitz engaged in conduct which caused various unrelated third-party entities to...

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