Super Lawyers
William C. Altreuter

Friday, June 11, 2004

Substantive law: A three judge panel of the Appellate Term for the 2nd and 11th judicial districts in the 2nd Department unanimously overturned rulings in two Kings County Civil Court decisions and upheld the constitutionality of the Telephone Consumer Protection Act (47 USC § 227), which bans junk faxes. Rudgayzer & Grant v. Enine, and Bonime v. Perry Johnson Inc.

I mention it because the TCPA is a template for anti-spam legislation, and interesting in that way-- the value as precident, even in New York, is pretty slight. Appellate Term is an odd sort of appellate forum: it hears appeals from Civil Court, which is a court of lower jurisdiction in the five counties of New York City that more or less corresponds with County Court from Westchester north. Professor Siegal tells us that New York City Civil Court is "one of the largest in the world", presumably in terms of caseload volume. I always think of Civil Court as being mostly about real property disputes, although I've tried other sorts of cases there-- it's where Supreme Court remands cases pursuant to CPLR 325(d) when it feels that a matter is not of enough moment to stay in the Highest Trial Court in the State. Although I have tried cases in Civil Court, I've never taken an appeal and been to Appellate Term: I'm not even sure where it sits in the Second Department.

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