| MRC Receivables Corp. v Morales |
| 2008 NY Slip Op 52158(U) [21 Misc 3d 133(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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from that portion of an order of the Civil Court of the City of New York,
Bronx County (Mitchell Danziger, J.), entered May 7, 2007, which denied his motion to dismiss
the complaint for failure to state a cause of action.
Per Curiam.
Order (Mitchell Danziger, J.), entered May 7, 2007, affirmed, with $10 costs.
In this action to collect on a credit card debt, Civil Court properly denied defendant's motion to dismiss pursuant to CPLR 3211(a)(7) for failure to plead the licensing information required under CPLR 3015(e). Defendant's evidentiary submissions were insufficient to demonstrate that plaintiff, as the purchaser of the underlying debt, is a debt collection agency within the meaning of Administrative Code § 20-489(a), and thus subject to the licensing requirements of Administrative Code § 20-490. The record does not conclusively establish that plaintiff's "principal purpose ... is to regularly collect or attempt to collect debts owed or due or asserted to be owed or due to another" (Administrative Code § 20-489). There was no showing that plaintiff regularly and actively engages in collection activities.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: October 28, 2008