X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION AND ORDER Plaintiff Hattie Worley brings this action against the law firm Simon Meyrowitz & Meyrowitz, P.C. (“Meyrowitz”) in connection with its attempts to collect against a default judgment entered against her in New York State court. In her operative Complaint, Worley alleges that Meyrowitz, acting on behalf of its client, the New York City Housing Authority (“NYCHA”), improperly attempted to collect, and did in fact collect, what it knew to be an unlawful debt stemming from that judgment, in violation of the Fair Debt Collection Practices Act (the “FDCPA”), 15 U.S.C. §1692 et seq.; New York General Business Law §349; and New York Judiciary Law §487. Meyrowitz now moves, pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, for judgment on the pleadings, arguing that all of Worley’s claims should be dismissed. For the reasons that follow, the Court agrees and Meyrowtiz’s motion is granted. BACKGROUND The following facts, taken from the operative Complaint, documents it incorporates by reference, and matters of which the Court may take judicial notice (including filings in the underlying New York State court litigation), are construed in the light most favorable to Worley. See, e.g., Empire Merchs., LLC v. Reliable Churchill LLLP, 902 F.3d 132, 139 (2d Cir. 2018); Kleinman v. Elan Corp., PLC, 706 F.3d 145, 152 (2d Cir. 2013). On June 4, 2019, a New York County Civil Court entered a default judgment against Worley for $9,816.08 after she was sued by NYCHA — her former landlord — for failure to pay rent. ECF Nos. 44-3; 44-4; see ECF No. 35 (“FAC”),

7-8. Worley claims that she first learned of the judgment around two years later, after which, in late March and early April of 2021, she communicated with NYCHA and Meyrowitz to clarify the debt and attempt to resolve it. FAC 10; see ECF No. 44-6.1 On April 2, 2021, Meyrowtiz responded to Worley by email to inform her that the outstanding balance of her debt was $3,452.66 (the “April 2, 2021 Email”). ECF No. 35-1; see FAC

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a commercial litigation associate to join e...


Apply Now ›

COLE SCHOTZ P.C.Prominent mid Atlantic law firm with multiple regional office locations seeks a senior attorney with commercial real estate ...


Apply Now ›

ATTORNEYS WANTED ROCKLAND/BERGEN COUNTYKantrowitz, Goldhamer & Graifman, P.C. Expanding and established multi-practice, mul...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›