Legal Opinion
Romea v. Heiberger & Associates
District Court, S.D. New York
Decided January 27, 1998No. 97 Civ. 4681 LAKPublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM OPINION
KAPLAN, District Judge.
Plaintiff asserts that the defendant law firm violated the Fair Debt Collection Practices Act 1 (“FDCPA”) because the three day notice it served on behalf of its landlord client as a statutory precondition to the commencement of a New York summary dispossess proceeding for non-payment of rent was subject to the Act because it was a “communication” relating to a “debt” and failed to conform to the Act in a number of respects. The Court recently denied defendant’s motion to dismiss the complaint, holding that unpaid rent is a “debt” and the notice a…
2Cases cited10 opinions
- Heintz v. JenkinsSupreme Court of the United States · 1995
- Kelly v. KosugaSupreme Court of the United States · 1959
- Lee N. Koehler v. The Bank of Bermuda LimitedCourt of Appeals for the Second Circuit · 1996
- Bruce's Juices, Inc. v. American Can Co.Supreme Court of the United States · 1947
- Terri L. Bass v. Stolper, Koritzinsky, Brewster & Neider, S.C. And Kathy LeschenskyCourt of Appeals for the Seventh Circuit · 1997
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Jennifer Lynn Romea v. Heiberger & AssociatesCourt of Appeals for the Second Circuit · 1998
- Catskill Development, L.L.C. v. Park Place Entertainment Corp.District Court, S.D. New York · 2002
- Maersk, Inc. v. Neewra, Inc.District Court, S.D. New York · 2008
- Zakrzewska v. the New SchoolDistrict Court, S.D. New York · 2009
- Barstow Road Owners, Inc. v. BillingNassau County District Court · 1998
10 more not listed; retrieve them via the Exa API.