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MARTIN C. KAPLAN, PLAINTIFF-APPELLANT, v. ROBERT P. LUDWIG AND KUSTOM KARPET KLEANERS, INC., D/B/A CUSTOM CARPET CLEANERS, DEFENDANTS-RESPONDENTS.

Order and Judgment unanimously modified on the law and as modified affirmed with costs to plaintiff in accordance with the following Memorandum:

Plaintiff commenced this small claims action seeking damages for defendants' alleged multiple violations of Federal and State law governing the activities of telemarketers and other makers of unsolicited business calls ( see, 47 U.S.C. § 227; 47 C.F.R. § 64.1200; General Business Law § 399-p). Town Court dismissed the claim, and, upon plaintiff's appeal, County Court modified the judgment of Town Court by awarding plaintiff $50 in presumed damages for a violation of General Business Law § 399-p.

We modify the order of County Court and the judgment of Town Court by awarding plaintiff, as against both defendants, judgment in the principal sum of $550, plus interest commencing from March 21, 2000, together with costs and disbursements. Plaintiff established a violation of both the Federal statute and regulations and the State statute ( see, 47 U.S.C. § 227 [b] [1] [B]; [2] [B]; 47 C.F.R. § 64.1200 [e] [2] [i],[iv]; General Business Law § 399-p [a]).

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KAPLAN v. LUDWIG
(Sep 28, 2001)