HOMEOWNERS ASSOCIATION OF VICTORIA WOODS III INC v. LLP (2004)

 Supreme Court properly granted the cross motion of Phillips, Lytle, Hitchcock, Blaine & Huber, LLP, and Richard J. Mooney, Esq. (respondents) for summary judgment dismissing all claims of defendant against them.   In November 2001, plaintiff commenced this action to foreclose a lien on defendant's townhouse for unpaid assessments, charges and fees.   In an amended counterclaim, defendant alleged that respondents violated the Fair Debt Collection Practices Act (15 USC § 1692 et seq.) by commencing the action on behalf of plaintiff without first verifying the alleged debt as required by 15 USC § 1692g(b).  “[V]erification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed ․ [V]erification is only intended to ‘eliminate the ․ problem of debt collectors dunning the wrong person or attempting to collect debts which the consumer has already paid.’  S.Rep. No. 95-382, at 4 [1977], reprinted in 1977 U.S.C.C.A.N. 1695, 1699” (Chaudhry v. Gallerizzo, 174 F.3d 394, 406 [4th Cir.], cert. denied 528 U.S. 891, 120 S.Ct. 215, 145 L.Ed.2d 181).   We agree with respondents that the documentation provided to defendant's attorney in July and September 2001 satisfies that purpose inasmuch as it confirms the amount of the underlying debt and the dates on which that debt was incurred (see id.;  Graziano v. Harrison, 950 F.2d 107, 113 [3d Cir.] ).   The contentions of defendant raised for the first time on appeal are not properly before us (see DeJoe v. Village of Fredonia, 5 A.D.3d 1035, 1036, 773 N.Y.S.2d 706;  Blair v. Newstead Snowseekers, 305 A.D.2d 1091, 759 N.Y.S.2d 272).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: