Legal Opinion
Midland Funding, LLC v. Giraldo
New York District Court
Decided March 22, 2013PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Michael A. Ciaefa, J.
This case presents a particularly difficult issue of first impression: may a debt buyer, suing as the alleged assignee of a claimed consumer debt, be countersued for violating General Business Law § 349 based on allegations that it commenced the lawsuit without any evidence that could prove the claim?
General Business Law § 349 (a) broadly declares that “[deceptive acts or practices in the conduct of any business” in New York State are “unlawful.” If an assigned debt lawsuit is commenced and contains factual allegations attesting to the defendant’s…
2Cases cited18 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.New York Court of Appeals · 1995
- Small v. Lorillard Tobacco Co.New York Court of Appeals · 1999
- Gaidon v. Guardian Life Insurance Co. of AmericaNew York Court of Appeals · 1999
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3Cited by3 opinions
- Daniel v. Mondelez Int'l, Inc.District Court, E.D. New York · 2018
- Mayfield v. Asta Funding, Inc.District Court, S.D. New York · 2015
- Bueno v. LR Credit 18, LLCDistrict Court, E.D. New York · 2017