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· 6/16/2016

Matter of Darrett v. Annucci

Citations

  • 140 A.D.3d 1419
  • 35 N.Y.S.3d 503

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that agency law determines TCPA \sender\ liability as articulated in Bridgeview
  • holding vicarious liability cannot be established where the challenged action was in contrast to the principal’s orders
  • we review jury instructions de novo to determine whether they fairly and accurately summarized the law
  • we review jury instructions de novo to determine whether they fairly and accurately summa‐ rized the law
  • Because the alleged agent “expressly contradicted defendant’s actual instructions, this is clearly not express actual agency.”
  • “Although the literal language of the regulation suggests that such a result is possible, . . . to be liable as a sender, a person must have done something to advertise goods or services.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lahtinen, Garry, Rose, Devine, Aarons

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.