Legal Opinion
Arrey v. BEAUX ARTS II, LLC
District Court, S.D. New York
Decided June 21, 2000No. 00 CIV. 4426(LAK)PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
KAPLAN, District Judge.
In Romea v. Heiberger & Associates, this Court, in a decision affirmed by the Circuit, held that a three day notice sent by an attorney debt collector to a tenant as a prerequisite to the commencement of a New York State proceeding to evict the tenant for nonpayment of rent is a communication to collect a debt within the meaning of the Fair Debt Collection Practices Act 1 (“Act”) and thus may subject the attorney to suit by the tenant if the notice fails to comply with the Act. 2 The Court anticipated, however, that this ruling would be used by tenants…
2Cases cited14 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
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3Cited by5 opinions
- United Mutual Houses, L.P. v. AndujarDistrict Court, S.D. New York · 2002
- Frontier Park Co. v. ContrerasDistrict Court, E.D. New York · 2014
- Monogram Credit Card Bank of Georgia v. MataCivil Court of the City of New York · 2002
- Flo-Pro v. 10 Iron Horse Drive, et alDistrict Court, D. New Hampshire · 2011
- Sambel Properties, LLC v. BakerVermont Superior Court · 2016