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PORTFOLIO RECOVERY v. KING

No. 46

14 N.Y.3d 410 (2010)

927 N.E.2d 1059

901 N.Y.S.2d 575

PORTFOLIO RECOVERY ASSOCIATES, LLC, Respondent, v. JARED KING, Appellant.

Court of Appeals of New York.

Decided April 29, 2010.

Attorney(s) appearing for the Case

Jared King , appellant pro se.

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains ( Robert A. Spolzino of counsel), and Malen & Associates, PC, Westbury ( Timothy J. Murtha of counsel), for respondent.

Lincoln Square Legal Services, Inc., New York City ( Marcella Silverman and Elizabeth Maresca of counsel), for CAMBA Legal Services, Inc., and others, amici curiae.

Janet Ray Kalson , New York City, Gina Calabrese , Carolyn E. Coffey , Anamaria Segura , Claudia Wilner and Marla Tepper , General Counsel, New York City Department of Consumer Affairs, for Association of the Bar of the City of New York and another, amici curiae.

Michael J. Hutter , Albany, pro se, amicus curiae.

Susan Ann Silverstein , Washington, DC, Julie Nepveu and Michael Schuster for AARP and others, amici curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

In April 1989, defendant Jared King, then a resident of Connecticut, opened a credit card account with Greenwood Trust Company, a Delaware corporation with a principal place of business in Greenwood, Delaware. The agreement contained a standard choice of law clause stating that it would be governed by the laws of Delaware. Greenwood subsequently changed its name to Discover...

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