Legal Opinion · Dissent

Berman v. City of New York

New York Court of Appeals

Decided June 30, 2015Published

1DissentFahey, J.

The distinction between the activities of an attorney collecting a debt on behalf of a client and an at*693torney engaging in “activities traditionally performed by debt collectors” (Administrative Code of City of NY § 20-489 [a] [5]) is, from a regulatory point of view, a distinction without a difference. These activities are part of the practice of law. The State has demonstrated its intent to exclusively occupy the field of the licensing of attorneys and the regulation of the practice of law. Unlike the majority, I conclude that Local Law No. 15 (2009) of City of New York regulates in that…

2Cases cited19 opinions

  1. New York State Club Assn., Inc. v. City of New YorkSupreme Court of the United States · 1988
  2. Heintz v. JenkinsSupreme Court of the United States · 1995
  3. Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.Supreme Court of the United States · 2010
  4. In re WongAppellate Division of the Supreme Court of the State of New York · 2000
  5. Consolidated Edison Co. of New York, Inc. v. Town of Red HookNew York Court of Appeals · 1983

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