Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Ernest J. Cavallo, J.), entered June 13, 2007, which granted defendant Paul Ohlson's motion to dismiss the complaint for failure to state a cause of action.

Per Curiam.

Order (Ernest J. Cavallo, J.), entered June 13, 2007, reversed, with $10 costs, motion denied and complaint reinstated.

Defendant Paul Ohlson's motion to dismiss the complaint pursuant to CPLR 3211(a)(7) based on plaintiff's failure to plead any licensing information in the verified complaint as required under CPLR 3015(e) should have been denied. The record so far developed does not conclusively establish that plaintiff was a debt collection agency within the meaning of Administrative Code § 20-489. The record lacks any competent evidence showing that plaintiff regularly and actively engages in the business of collecting debts owed to others. The mere conclusory allegation of defendant's counsel that plaintiff is a debt collector is of no evidentiary value. Similarly lacking in probative value is the document submitted by defendant on reply purporting to show that the underlying credit card account was in default when purchased by plaintiff. Notably, there was no proof that the document was a record maintained by the original creditor or any explanation or definition of the terms "charge off date" or "date purged" contained therein. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT

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Decision Date: October 29, 2008