Peter Marc Stern sued Andrew Lavoott Bluestone for unsolicited advertisements the latter supposedly sent by way of a fax machine.
For a 16-month period, Stern allegedly received 14 transmissions from Bluestone -- an attorney who specializes in malpractice claims.
Each fax was titled "Attorney Malpractice Report," contained various articles pertaining to that particular area of law, and, included Bluestone's contact information and website address.
After the New York County Supreme Court and Appellate Division, First Department, found Bluestone in violation of a federal law which prohibits "unsolicited advertisements," he appealed to our state's highest court.
The New York State Court of Appeals thought that the communications didn't violate the law because they contained informative content which varied in each instance. (The inclusion of Bluestone's contact information and website address didn't convert an "informative" fax into an "unsolicited message.")
Them are just the fax.
To view a copy of the Court of Appeals's decision, please use this link: Stern v. Bluestone