Supreme Court, Kings County · March 17, 2026 · 90 Misc 3d 194
Whaley v Higher Educ. Loan Auth. of the State of Mo.
Read the official decision: 90 Misc 3d 194
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Holding The court granted the motion to dismiss the complaint against Midland Credit Management, Inc., finding that the plaintiff lacked standing under New York common-law rules. The plaintiff failed to allege any actual harm or injury resulting from the defendant’s alleged inaccurate reporting to a consumer reporting agency.
The court’s words
the complaint herein contains no allegation that plaintiff suffered an actual harm or injury as a result of Midland Credit's alleged inadequate investigation
90 Misc 3d 194, at the official text
plaintiff's claim here is indistinguishable from the FDCPA claims in Gregg, Kraus, and Green
90 Misc 3d 194, at the official text
Midland is entitled to dismissal of the complaint against it pursuant to CPLR 3211 (a) (3)
90 Misc 3d 194, at the official text
| Court | Supreme Court, Kings County |
|---|---|
| Decided | March 17, 2026 |
| Citation | 90 Misc 3d 194 |
| Area of law | Consumer Protection |
| Week | Week ending March 21, 2026 |
| Official text | Official decision: 90 Misc 3d 194 |
| Source feed | New York advance sheet: 26nyadv41.pdf |
| Law Watch record id | 1314 |
Recommended citation
ESQ HQ, New York Law Watch, Whaley v Higher Educ. Loan Auth. of the State of Mo., 90 Misc 3d 194 (Supreme Court, Kings County, March 17, 2026), https://esqhq.com/decisions/90-misc-3d-194/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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