Legal Opinion

Caputo v. Koenig

Appellate Division of the Supreme Court of the State of New York

Decided February 23, 2017No. 3194 450677/14PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered June 19, 2015, which, insofar as appealed from as limited by the briefs, dismissed plaintiffs’ claim based on the Fair Debt Collection Practices Act (FDCPA) (15 USC § 1692 et seq.), without prejudice, on the ground that the court lacked subject matter jurisdiction over the federal claims, and dismissed all claims by plaintiff Charlene Owens, on the ground of res judicata, unanimously reversed, on the law, without costs, and the FDCPA claim and the claims by plaintiff Owens reinstated.

Given the presumption of concurrent…

2Cases cited5 opinions

  1. Hecht v. City of New YorkNew York Court of Appeals · 1983
  2. In Re the Estate of HunterNew York Court of Appeals · 2005
  3. All Terrain Properties, Inc. v. HoyAppellate Division of the Supreme Court of the State of New York · 2000
  4. Simpson Electric Corp. v. Leucadia, Inc.New York Court of Appeals · 1988
  5. Monogram Credit Card Bank of Georgia v. MataCivil Court of the City of New York · 2002

3Cited by1 opinion

  1. Reynoso v. Global Management Enterprises, LLCAppellate Division of the Supreme Court of the State of New York · 2017

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