Jennifer Lynn ROMEA, Plaintiff-Appellee,
v.
HEIBERGER & ASSOCIATES, Defendant-Appellant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 17, 1998.
Decided December 9, 1998.
Attorney(s) appearing for the Case
Robert E. Sokolski, Robert E. Sokolski, Esq., P.C., New York, N.Y. (Colleen F. McGuire, McGuire & Zekaria, P.C., New York, N.Y., on the brief), for Plaintiff-Appellee Jennifer Lynn Romea.
Evan H. Krinick, Rivkin, Radler & Kremer, Uniondale, N.Y., for Defendant-Appellant Heiberger & Associates.
James B. Fishman, Fishman & Neil, New York, N.Y., and Joanne S. Faulkner, New Haven, Conn., for Amicus Curiae National Association of Consumer Advocates.
Stephen L. Gordon and Thomas Richichi, of counsel, Beveridge & Diamond, P.C., New York, N.Y., for Amicus Curiae National Multi Housing Council, National Apartment Association, Community Housing Improvement Program, Inc., National Association of Home Builders, National Leased Housing Association, and American Seniors Housing Association.
Mark E. Housman and Stuart M. Riback, of counsel, Siller Wilk LLP, New York, N.Y., for Amicus Curiae Borah, Goldstein, Altschuler & Schwartz, P.C.
Scott A. Rosenberg, Director of Litigation, Civil Appeals and Law Reform Unit, Hwan-Hui Helen Lee, of counsel, Civil Appeals and Law Reform Unit, and Helaine Barnett, Attorney-in-Charge, Civil Division, The Legal Aid Society, New York, N.Y., for Amicus Curiae City-Wide Task Force on Housing Court.
Before: CALABRESI, SACK, and SOTOMAYOR, Circuit Judges.
United States Court of Appeals, Second Circuit.
CALABRESI, Circuit Judge:
This case raises the issue of whether the requirements of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-1692o, apply to an attorney's execution and delivery of the three-day rent demand notice that is required by New York law as a condition precedent to a summary eviction proceeding. Finding that the FDCPA does apply, we affirm the district court's denial of the defendant's motion to dismiss the plaintiff's complaint...
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