Court of Appeals of New York

In two putative class actions brought by plaintiff-judgment debtors seeking injunctive relief and money damages against their banks based on allegations that accounts they held at New York branches were restrained in violation of the Exempt Income Protection Act of 2008 (EIPA), the certified questions are answered as follows: 1) a private right to bring a plenary action for injunctive relief and money damages cannot be implied from the EIPA; 2) a judgment debtor can secure relief from a bank arising from a violation of the EIPA in a CPLR Article 52 special proceeding, and the statutory mechanisms for relief are exclusive.

Appellate Information

• Decided 11/21/2013
• Published 11/21/2013

Judges

• GRAFFEO

Court

• Court of Appeals of New York

Counsel