Facts Plaintiff rented an apartment on the east side of Manhattan from 442 3rd Ave. If you fail to pay or to give up the premises, the landlord will commence summary proceedings against you to recover possession of the premises.
Defendant is a law firm that is said regularly to attempt to collect debts owed to other landlords.
Defendant moves to dismiss on the ground that it fails to state a claim upon which relief may be granted. Zimmerman presented the question whether a demand by a cable television service provider that persons whom it claimed had pirated its signal pay a sum of money to settle claims for theft of services was an effort to collect a debt within the meaning of the statute. In concluding that it was not, the court focused on the fact that there was no consensual relationship between the cable provider and the recipients of the letter. Specifically it is a transaction in which a consumer is offered or extended the right to acquire 'money, property, insurance or services' which are 'primarily for household purposes' and to defer payment. But defendant's argument cannot be squared with the language or history of the statute.