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RESURGENT CAPITAL v. MACKEY

41729/10

32 Misc.3d 265 (2011)

922 N.Y.S.2d 917

2011 NY Slip Op 21159

RESURGENT CAPITAL SERVICES, LLC, Plaintiff, v. COLLEEN M. MACKEY, Defendant.

District Court of Nassau County, Second District.

Decided May 2, 2011.

Attorney(s) appearing for the Case

Mel Harris & Associates, New York City, for plaintiff.

Colleen Mackey , defendant pro se.

OPINION OF THE COURT

MICHAEL A. CIAFFA, J.

Plaintiff, Resurgent Capital Services, LLC (Resurgent Capital), commenced this action against defendant, Colleen M. Mackey, on October 6, 2010. According to plaintiff's complaint, which was signed by plaintiff's counsel pursuant to 22 NYCRR 130-1.1a (a), Resurgent Capital was the "purchaser and assignee" of an account it acquired from "Capital One" (complaint ¶ 5). However, as it now turns out, Resurgent Capital...

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