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Epic Sec. Corp. v Solomon & Solomon, P.C.
2008 NY Slip Op 52157(U) [21 Misc 3d 132(A)]
Decided on October 28, 2008
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 28, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., SCHOENFELD, HEITLER JJ
570748/07.

Epic Security Corp., Plaintiff-Respondent, - -

against

Solomon and Solomon, P.C., Defendant-Appellant.


Defendant appeals from an order of the Civil Court of the City of New York, New York County (Joan M. Kenney, J.), dated July 20, 2007, which denied its motion for summary judgment dismissing the complaint.


Per Curiam.

Order (Joan M. Kenney, J.), dated July 20, 2007, affirmed, with $10 costs.

The record so far developed raises triable issues as to whether the defendant law firm knowingly pursued a debt collection process that it knew was meritless (see and compare Newman v Upton, Cohen & Slamowitz, 10 AD3d 491 [2004]). Unlike the cited case, plaintiff timely disputed the continued validity of the debt, notifying defendant in writing of the prior settlement of the debt.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.