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MIDLAND FUNDING v. GIRALDO

CV-021859-12

39 Misc.3d 936 (2013)

961 N.Y.S.2d 743

2013 NY Slip Op 23082

MIDLAND FUNDING, LLC, Plaintiff, v. ADRIANA GIRALDO, Defendant.

District Court of Nassau County, First District.

March 22, 2013.

Attorney(s) appearing for the Case

Cohen & Slamowitz, LLP, Woodbury, for plaintiff. Jesse Langel , New York City, for defendant.

OPINION OF THE COURT

MICHAEL A. CIAFFA, J.

This case presents a particularly difficult issue of first impression: may a debt buyer, suing as the alleged assignee of a claimed consumer debt, be countersued for violating General Business Law § 349 based on allegations that it commenced the lawsuit without any evidence that could prove the claim?

General Business Law § 349 (a) broadly declares that "[d]eceptive acts or practices in the conduct...

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