Argued October 22, 1999 December 6, 1999 In an action to recover damages for battery and intentional infliction of emotional distress, the defendant appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated September 23, 1998, which granted the plaintiff's motion for leave to amend her pleadings to assert additional causes of action. Tracy, Bertolino Edwards, New City, N.Y. (John Edwards of counsel), for appellant. Peter B. Ackerman and Peter E. Tangredi, White Plains, N Y
Any consumer reporting agency or user of information who or which is negligent in failing to comply with any requirement imposed under this article, other than a violation of section three hundred eighty-t of this article, with respect to any consumer is liable to that consumer in an amount equal to the sum of: (a) Any actual damages sustained by the consumer as a result of the failure; (b) In the case of any successful action to enforce any liability under this section, the costs of the action together
If a creditor, having transmitted to a consumer a statement of the consumer's account, receives from the consumer at an address designated therefor by the creditor in accordance with section seven hundred five of this article, within sixty days of the mailing of said statement, a written notice, on a document other than a document provided by the creditor to accompany payment, setting forth sufficient information to enable the creditor to identify the consumer and the account, the amount and transaction
Not later than sixty days after the effective date of this act, a creditor shall send to each consumer, whose account was in existence on the effective date of this act, and with or before the first billing statement on any consumer credit plan issued or offered to a new consumer after the effective date of this act and upon each subsequent renewal of a consumer's account a written notice (by any means reasonably assuring the receipt thereof by the consumer) which describes the procedures to be followed