· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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