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15-5527 - Scott v. Greenberg et al


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15-5527 - Scott v. Greenberg et al
March 31, 2017
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MEMORANDUM AND ORDER granting in part and denying in part 31 Greenberg's motion to dismiss for failure to state a claim; granting 34 and 37 Capitol Discount's and Maylah Furniture's motions to dismiss for failure to state a claim. For the reasons discussed in the attached Memorandum and Order, the Court (1) grants in part and denies in part Greenberg's motion to dismiss Plaintiff's FDCPA claims, (2) denies Greenberg's motion to dismiss Plaintiff's state law claims, and (3) grants Maylah Furniture's and Capitol Discount's motions to dismiss. The Court grants Plaintiff thirty (30) days from the date of this Memorandum and Order to file a second amended complaint as to her claims against Maylah Furniture and Capitol Discount under General Business Law section 349 and Personal Property Law section 402(4). Ordered by Judge Margo K. Brodie on 3/31/2017. (Daugherty, Shannon)