Novikoff Secures Dismissal of Federal Fair Debt Claim Against Law Firm Client
June 9, 2016 | |Ken Novikoff successfully moved to dismiss the Fair Debt Collection Practices Act (FDCPA) claim by Plaintiff, a judgment debtor, against a prominent NYC landlord/tenant law firm who commenced litigation on behalf of its judgment creditor client to collect monies from a restrained bank account. In a case of first impression within the Second Circuit, Judge Daniels of the Southern District held that an alleged violation of C.P.L.R. 5222-a, which deals with monies in bank accounts purportedly exempt from collection, was not a violation of sections 1692(e) and (f) of the FDCPA.
