Highlighted Case

Stern v. Bluestone

Background

Recipient of multiple facsimile transmissions of “attorney malpractice report” sued sender alleging violations of Telephone Consumer Protection Act (TCPA). The Supreme Court, New York County, Jane S. Solomon, J., granted recipient's motion for partial summary judgment as to liability, and dismissed sender's statute of limitations affirmative defense. Sender appealed.

Holdings

The Supreme Court, Appellate Division, held that:
(1) sender's liability extended to faxes addressed to recipient's former subtenant;
(2) “attorney malpractice report” faxes were “unsolicited advertisements” violative of TCPA;
(3) treble damages were warranted; and
(4) claim was governed by uniform statute of limitations on federal claims.

Affirmed

Kavanagh, J., filed dissenting opinion joined by Mazzarelli, J.P.
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