Complaint Review: RJM ACQUISISTIONS FUNDING - FINGERHUT - SYOSSETT New York

The only readily available information on the Web about RJM Acquisitions, LLC is that this company has attended many seminars on debt collections, along with Ocwen and other pirahna debt collectors. RJM Acquisitions, LLC seems to be tied in with the "Law Offices of Mitchell N. Kay". I cannot find this "law firm" in any search for New York law firms, or the name "Mitchell N. Kay" listed as a licensed attorney in the state of New York. Mitchell N. Kay seems to be nothing more than a bill collector! And not a very smart one, at that! Pasted below is a copy of the dismissal made in a case where Mr. Kay attempted to defraud some folks in a real estate transaction. Since it is now public record, I will paste the entire document. (By the way, this is the ONLY solid evidence I can find that this Mr. Kay even exists) Decided on May 27, 2003 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARMENT Submitted - May 1, 2003 ANITA R. FLORIO, J.P. SANDRA J. FEUERSTEIN WILLIAM D. FRIEDMANN STEPHEN G. CRANE, JJ. DECISION & ORDER 2002-06602 [*1]Mitchell N. Kay, appellant, v Jason H. Pollak, et al., respondents, et al., defendants. (Index No. 18376/01) Mitchell N. Kay, New York, N.Y. (Eric S. Goldstein of counsel), appellant pro se. McMillan, Rather, Bennett & Farinacci, P.C., Melville, N.Y. (Michael C. Schmidt of counsel), for respondents. In an action to recover damages for breach of contract and fraud, the plaintiff appeals [*2]from an order of the Supreme Court, Nassau County (Covello, J.), entered June 3, 2002, which granted the motion of the defendants Jason H. Pollak and Perri Pollak pursuant to CPLR 3211 (a)(1) and (7) to dismiss the complaint insofar as asserted against them. ORDERED that the order is affirmed, with costs. In September 2001 the plaintiff purchased real property from the defendants Jason H. Pollak and Perri Pollak. He subsequently brought this action in which he asserted four causes of action against the Pollaks for breach of contract and fraud, alleging that they misrepresented to him that the heating and air conditioning system was working and the amount of real estate taxes on the property, and concealed the existence of two collapsed dry wells on the property, which constituted a dangerous condition on the premises. The plaintiff also contends that the complaint stated a cause of action under General Business Law 349. The Supreme Court properly granted the Pollaks' motion to dismiss the complaint insofar as asserted against them. The specific disclaimer in the contract between the parties defeats the plaintiff's allegation that the contract was executed in reliance upon contrary oral representations and, therefore, bars the first cause of action, which alleged that the Pollaks fraudulently represented that the heating and air conditioning system was in proper working order (see Busch v Mastropierro, 258 AD2d 492, 493; see also Bedowitz v Farrell Dev. Co., 289 AD2d 432; Platzman v Morris, 283 AD2d 561, 562-563). Similarly, the second cause of action to recover damages for breach of contract is barred (see Bedowitz v Farrell Dev. Co., supra; Smith v Fitzsimmons, 180 AD2d 177, 180). The Pollaks were entitled to dismissal of the third and fourth causes of action which sought to recover damages based on allegations that they fraudulently misrepresented the amount of taxes owed on the property because "the actual amount of real estate taxes on the property was not a matter peculiarly within the knowledge of the [Pollaks]" and "could have been discovered by the plaintiff through the exercise of due diligence" (Cohen v Cerier, 243 AD2d 670, 672; see Dannan Realty Corp. v Harris, 5 NY2d 317, 322; Most v Monti, 91 AD2d 606, 606-607). Finally, the complaint failed to state a cause of action under General Business Law 349 (see Canario v Gunn, 300 AD2d 332, 333). [*3] FLORIO, J.P., FEUERSTEIN, FRIEDMANN and CRANE, JJ., concur. ENTER: James Edward Pelzer Clerk This suit is SO bogus! If Mr. Kay needed to know the status of the heating/cooling plant, seems that it would be a simple matter to TURN IT ON TO SEE IF IT WORKED! Hello-o-o....As for the tax issue; all tax records are PUBLIC record. If this Mr. Kay was concerned about this matter, all it would have taken would be a simple phone call to find out EXACTLY what the taxes on the property would be. As for wells on the property...is this guy not smart enough to walk around on a piece of property BEFORE he purchases it? So, IF Mr. Kay is an attorney (and that is a very BIG IF), he is as dumb as a box of hair! He evidently attempts to skinny out of paying his own bills, judging by the nonsense above. I think that negates his right to harrass anyone else about bills! Mr. Kay also seems to have been mixed up with an outfit called Plaza Associates in the past, which was another "predator" collection agency that attempted to collect very old/nonexistant debts. I also wonder at the "LLC" (limited liabilty company)designation of this company. Most legal firms are "LLPs" (limited liability partnerships). From all evidence I can find, RJM Acqisitions is nothing more than a collection agency hiding out under a supposed law firm. Send them a "cease and desist" letter. Dispute the notations made by this company with all three major credit bureaus immediately. DO NOT send them financial information, such as bank account numbers. DO NOT send RJM any "post-dated" checks. Tell them to GO AWAY! They are SCAM ARTIST RIPOFFS! And for some of you smarter folk reading this: Isn't against some law or another to pass oneself off as an attorney if you are not one?