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LANE v. MARINE MIDLAND

112 Misc.2d 200 (1982)

Kathryn Lane et al., Plaintiffs, v. Marine Midland Bank, N. A., Defendant.

Supreme Court, Erie County.

January 12, 1982

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber (Joseph Ritzert of counsel), for defendant. Moot, Sprague, Marcy, Landy, Fernbach & Smythe, P. C. (Ruth R. O'Keefe of counsel), for plaintiffs.

JOSEPH D. MINTZ, J.

Defendant moves to dismiss plaintiffs' first, second and third causes of action alleged in their complaint, on the grounds that they fail to state a cause of action. Plaintiffs' first action is for damages based upon an alleged violation of the Debt Collection Procedures Act (General Business Law, art 29-H); plaintiffs' second cause of action is for damages based upon an alleged violation of the Federal Debt Collection Practices Act...

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