Thursday, March 17, 2011

Straniere trounces the credit card companies again in American Express Bank, FSB v. Dalbis

Nicholas M. Moccia, Esq.
Law Offices of Robert E. Brown, P.C.

Judge Straniere, a long time advocate of Staten Island consumers, renders a colorful and comprehensive decision whereby he dismisses a consumer credit case purportedly based on Utah law.  For those attorneys in the practice area or for those self-represented individuals interested in some insight on how to respond to a credit card summons in New York, here is the link to  Straniere's decision in full:

American Express Bank, FSB v Dalbis, 2011 NY Slip Op 50366(U)(Civ. Ct. Richmond County March 14, 2011)

I have included Judge Straniere's concluding remarks as a teaser:
One of these days in your travels a guy is going to come to you and show you a nice brand-new deck of cards on which the seal is not yet broken, and this guy is going to offer to bet you that he can make the Jack of Spades jump out of the deck and squirt cider in your ear. But son, do not bet this man, for as sure as you stand there you are going to wind up with an earful of cider.[FN11]
Credit card issuers and third party debt buyers have over the last few years been "squirting cider" in the ears of the court system...Plaintiffs should spend more time putting all fifty-two cards in the deck rather than just a Jack of Spades that can squirt cider in the court's ear.

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