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CAVALLARO v. LAW OFFICE OF SHAPIRO & KREISMAN

August 7, 1996

JOSEPH CAVALLARO, on behalf of himself and all others similarly situated, Plaintiff, against THE LAW OFFICE OF SHAPIRO & KREISMAN, GERALD SHAPIRO, ESQ., DAVID KREISMAN, ESQ., and LILLIAN BASS, Defendants.


The opinion of the court was delivered by: JOHNSON

 JOHNSON, District Judge:

 INTRODUCTION

 Before this Court is Plaintiff's motion for partial summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff contends that the Law Office of Shapiro & Kreisman ("Shapiro & Kreisman"), Gerald Shapiro ("Shapiro"), David Kreisman ("Kreisman"), and Lillian Bass, a legal assistant ("Bass"), (collectively "Defendants") violated the Fair Debt Collection Practice Act of 1977 (FDCPA), 15 U.S.C. ยง 1692. Specifically, Plaintiff alleges that letters and notices sent to him by Defendants did not properly inform him of his rights. For the reasons stated below, Plaintiff's motion is granted in part and denied in part.

 BACKGROUND

 The alleged violations of the FDCPA involve two written communications that Defendants sent to Plaintiff in connection with a foreclosure of a security interest in a cooperative apartment. In September 1994, Plaintiff allegedly defaulted on a secured loan for $ 96,000. The law firm Shapiro & Kreisman was retained to commence foreclosure proceedings in February 1994.

 One month later, on March 23, 1995, Defendants sent a collection letter (the "collection letter"), together with a Debt Validation Notice (the "validation notice") on a separate sheet of paper, to Plaintiff. The collection letter was on Shapiro & Kreisman letterhead and read as follows:

 
March 23, 1995
 
Joseph Cavallaro
 
135 Ocean Parkway, Apt. 17N
 
Brooklyn, New York 11218
 
RE: Chase Manhattan Mortgage Corporation, f/k/a Chase Home Mortgage Corporation - against - Joseph Cavallaro and Trudy Cavallaro
 
Loan # 1607146
 
Premises: 135 Ocean Parkway, Apt. 17N, ...

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