Legal Opinion
Portfolio Recovery Associates, LLC v. Rand
Appellate Terms of the Supreme Court of New York
Decided December 5, 2011Published
1Opinion of the Court
*53OPINION OF THE COURT
Memorandum.
Ordered that the order is affirmed, without costs.
Plaintiff commenced this action to recover the principal sum of $3,513.27 for breach of a credit card agreement and based on an account stated. Plaintiff alleged in the complaint that it is the owner and assignee of a consumer debt owed by defendant upon a credit card account. Defendant served an answer wherein he asserted “[Recoupment and setoff in the sum of $2,000,000” as his affirmative defense and counterclaim. Plaintiff moved to dismiss the counterclaim pursuant to CPLR 3211 (a) (7), and defendant…
2Cases cited3 opinions
- Fairchild Hiller Corp. v. McDonnell Douglas Corp.New York Court of Appeals · 1971
- Merrill Lynch Mortgage Investors, Inc. v. Love Funding Corp.New York Court of Appeals · 2009
- SB Schwartz & Co. v. LevineAppellate Division of the Supreme Court of the State of New York · 2011