Legal Opinion

2101 Albermarle v. Rosa

Civil Court of the City of New York

Decided March 31, 1999Published

1Opinion of the Court

OPINION OF THE COURT

Carl O. Callender, J.

One of the questions before the court relates to the statement in a rent demand notice that “any inquiries regarding this notice should be addressed in writing to the law offices of Scott D. Gross at 1983 Marcus Avenue, Suite C-136, Lake Suc*875cess, NY 11042”. The issue is does such a statement make the notice subject to the Federal Fair Debt Collection Practices Act (15 USC § 1692 et seq.; hereinafter referred to as the FDCPA). If the notice becomes subject to the FDCPA the demand notice must give at least 30 days’ notice unlike the three days’ notice…

2Cases cited4 opinions

  1. Jennifer Lynn Romea v. Heiberger & AssociatesCourt of Appeals for the Second Circuit · 1998
  2. Realty v. CalixteCivil Court of the City of New York · 1998
  3. Goldstein v. Hutton, Ingram, Yuzek, Gainen Carroll & BertolottiDistrict Court, S.D. New York · 1999
  4. Dearie v. HunterCivil Court of the City of New York · 1998

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