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Eric M. Berman, P.C., et al., Respondents,v.City of New York, et al., Appellants.

Brief

46 Cited authorities

  1. Heintz v. Jenkins

    514 U.S. 291 (1995)   Cited 1,132 times   8 Legal Analyses
    Holding that “debt collector” as used in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692a, includes attorneys notwithstanding the definition's lack of an express reference to lawyers or litigation

  2. New York State Club Assn. v. New York City

    487 U.S. 1 (1988)   Cited 568 times   1 Legal Analyses
    Holding that "the second kind of facial challenge will not succeed unless the statute is `substantially' overbroad, which requires the court to find `a realistic danger that the statute itself will significantly compromise recognized First Amendment protections of parties not before the Court'" (quoting Members of the City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 801, 104 S.Ct. 2118, 2126, 80 L.Ed.2d 772 (1984))

  3. Miller v. Wolpoff Abramson, L.L.P.

    321 F.3d 292 (2d Cir. 2003)   Cited 999 times   2 Legal Analyses
    Holding that demand for attorneys' fees in collection action did not violate the FDCPA where credit card agreement provided for such fees

  4. Greco v. Trauner, Cohen Thomas, L.L.P.

    412 F.3d 360 (2d Cir. 2005)   Cited 267 times   3 Legal Analyses
    Holding no misrepresentation, and thus no 1692e liability against the debt collector law firm, where the law firm retained by the creditor clearly disclosed in the letter that the law firm was not acting as an attorney

  5. People v. Stuart

    100 N.Y.2d 412 (N.Y. 2003)   Cited 246 times
    Paraphrasing N.Y. Penal Law § 120.45

  6. N.Y. Cnty. Lawyers' Ass'n v. Bloomberg

    2012 N.Y. Slip Op. 7224 (N.Y. 2012)   Cited 83 times
    In County Lawyers' v. Bloomberg, 19 N.Y.3d 712, 721, 955 N.Y.S.2d 835, 979 N.E.2d 1162 [2012], the Court of Appeals provides additional guidance.

  7. Albany Bldrs. v. Guilderland

    74 N.Y.2d 372 (N.Y. 1989)   Cited 159 times
    Holding Guilderland's local law was preempted by New York state law which provided a comprehensive scheme for funding road construction

  8. New York State Club Ass'n v. City of New York

    69 N.Y.2d 211 (N.Y. 1987)   Cited 150 times   1 Legal Analyses
    Noting that a state law "permits" activity so as to bar local regulation, only when it evidences an intent to preempt varying local regulations or "when the state specifically permits the conduct" that the locality bans

  9. Zakrzewska v. the New School

    2010 N.Y. Slip Op. 3796 (N.Y. 2010)   Cited 75 times   5 Legal Analyses
    Finding that the NYCHRL imposes strict liability on the employer if "the offending employee 'exercised managerial or supervisory responsibility'"

  10. Jancyn Mfg. v. Suffolk County

    71 N.Y.2d 91 (N.Y. 1987)   Cited 140 times   1 Legal Analyses
    Holding that State law did not preempt a county ordinance prohibiting sale of sewage system cleaning additives where there was no express conflict with State Environmental Control Law

  11. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 14,988 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  12. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,215 times   83 Legal Analyses
    Defining debt collector

  13. Section 10 - General powers of local governments to adopt and amend local laws

    N.Y. Mun. Home Rule Law § 10   Cited 823 times
    Enumerating powers and limits of local government

  14. Section 478 - Practicing or appearing as attorney-at-law without being admitted and registered

    N.Y. Jud. Law § 478   Cited 194 times
    Making it unlawful for persons who have not been admitted to practice law to appear as or hold themselves out as attorneys

  15. Section 11 - Restrictions on the adoption of local laws

    N.Y. Mun. Home Rule Law § 11   Cited 99 times
    Stating that municipalities “shall not be deemed authorized ... to adopt a local law which supersedes a state statute, if such local law ... [a]pplies to or affects the courts as required or provided by article six of the constitution”

  16. Section 440-A - License required for real estate brokers and salespersons

    N.Y. Real Prop. Law § 440-A   Cited 64 times

    No person, co-partnership, limited liability company or corporation shall engage in or follow the business or occupation of, or hold themselves or itself out or act temporarily or otherwise as a real estate broker or real estate salesperson in this state without first procuring a license therefor as provided in this article. No person shall be entitled to a license as a real estate broker under this article, either as an individual or as a member of a co-partnership, or as a member or manager of

  17. Section 2101 - Definitions

    N.Y. Ins. Law § 2101   Cited 45 times   2 Legal Analyses

    (a) In this article, "insurance agent" means any authorized or acknowledged agent of an insurer, fraternal benefit society or health maintenance organization issued a certificate of authority pursuant to article forty-four of the public health law, and any sub-agent or other representative of such an agent, who acts as such in the solicitation of, negotiation for, or sale of, an insurance, health maintenance organization or annuity contract, other than as a licensed insurance broker, except that

  18. Section 53 - Rule-making power of court of appeals as to admission of attorneys and counsellors

    N.Y. Jud. Law § 53   Cited 34 times

    1. The court of appeals may from time to time adopt, amend, or rescind rules not inconsistent with the constitution or statutes of the state, regulating the admission of attorneys and counsellors at law, to practice in all the courts of record of the state. 2. The court may make such provisions as it shall deem proper for admission to practice as attorneys and counsellors, of persons who have been admitted to practice in other states or countries. 3. The court shall prescribe rules providing for

  19. Section 2102 - Acting without a license

    N.Y. Ins. Law § 2102   Cited 16 times
    In Insurance Law § 2102, the Legislature specifically precluded unlicensed insurance agents, brokers, and consultants from receiving fees, but failed to include unlicensed reinsurance intermediaries within the scope of that prohibition.

  20. Section 442-F - Saving clause

    N.Y. Real Prop. Law § 442-F   Cited 15 times
    Exempting attorneys from licensing requirements for real estate brokers and salesmen enumerated in New York Real Property Law §§ 440–a to 442–e

  21. Section 520.7 - Certification by Board of Law Examiners

    N.Y. Comp. Codes R. & Regs. tit. 22 § 520.7   Cited 23 times

    (a) Except as provided in section 520.10 of this Part, no applicant for admission to practice in this State shall be admitted unless the New York State Board of Law Examiners shall have certified to the Appellate Division of the department in which, as shown by the papers filed by the applicant with the Board, the applicant resides, or if not a resident of the State, in which such papers show that the applicant is employed fulltime, or, if the applicant does not reside and is not employed fulltime

  22. Section 520.12 - Proof of Moral Character

    N.Y. Comp. Codes R. & Regs. tit. 22 § 520.12   Cited 7 times

    (a) General. Every applicant for admission to practice must file with a committee on character and fitness appointed by the Appellate Division of the Supreme Court affirmations of reputable persons that the applicant possesses the good moral character and general fitness requisite for an attorney- and counselor-at-law as required by section 90 of the Judiciary Law. The number of such affirmations and the qualifications of persons acceptable as affirmants shall be determined by the Appellate Division

  23. Section 1.1 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 23 § 1.1   Cited 1 times   1 Legal Analyses

    For the purposes of this Part: (a)Charge-off means the accounting action taken by an original creditor to remove a debt obligation from its financial statements by treating it as a loss or expense. (b)Clear and conspicuous means that the statement, representation or term being disclosed is of such size, color, and contrast and/or audibility and is so presented as to be readily noticed and understood by the person to whom it is being disclosed. If such statement is necessary as a modification, explanation