22 NYCRR Part 130.

The First Department dismissed a purported class action seeking an injunction and a judgment declaring that defendant-food distributor trespassed on plaintiff's property by slipping an advertising flier under the door to plaintiff's apartment without plaintiff's permission, in Leyse v. Domino's Pizza, which was decided on February 28, 2008. The court said that dismissal was proper in the absence of plaintiff's having given prior notice to defendant that he objected to delivery of the flier. Such notice was required by defendant's constitutional right of free speech. In addition, the court noted the possibility of numerous other apartment dwellers suing distributors of those ubiquitous restaurant fliers.

New York practice point: Costs and sanctions, pursuant to 22 NYCRR Part 130, were not warranted even though plaintiff continued the action after being advised that the offending flier came not from defendant but a franchisee of defendant. Why? To this point there had been no disclosure, and plaintiff's counsel was not required to accept defendant's assertion at face value.