Legal Opinion

Kelsey v. Forster & Garbus, LLP

District Court, W.D. New York

Decided February 11, 2019No. 6:18-CV-06099 EAWPublishedCited by 1 opinion

1Opinion of the Court

ELIZABETH A. WOLFORD, United States District Judge

INTRODUCTION

Plaintiff William B. Kelsey ("Plaintiff") commenced this action on February 1, 2018, alleging that defendant law firm Forster & Garbus, LLP ("Defendant") sought to collect a debt from Plaintiff in violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ("FDCPA"). (Dkt. 1). Plaintiff claims that Defendant filed an attorney affirmation in an underlying state court action commenced against him that falsely asserted that he had failed to answer the summons and complaint or otherwise appear in that action. (Id. at…

2Cases cited45 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. DiFolco v. MSNBC Cable L.L.C.Court of Appeals for the Second Circuit · 2010
  4. Heintz v. JenkinsSupreme Court of the United States · 1995
  5. Christ Clomon v. Philip D. JacksonCourt of Appeals for the Second Circuit · 1993

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3Cited by1 opinion

  1. Johnson-Gellineau v. Stiene & Associates, P.C.District Court, S.D. New York · 2019

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