United States Second Circuit

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Cruz v. TD Bank, N.A., 12-1200

Two questions are certified to the New York State Court of Appeals: 1) whether judgment debtors have a private right of action for money damages and injunctive relief against banks that violate the Exempt Income Protection Act's (EIPA) procedural requirements; and 2) whether judgment debtors can seek money damages and injunctive relief against banks that violate the EIPA in special proceedings prescribed by Article 52 of the New York Civil Practice Law and Rules and, if so, whether those special proceedings are the exclusive mechanism for such relief or whether judgment debtors may also seek relief in a plenary action.

Appellate Information

  • Decided 03/27/2013
  • Published 03/27/2013

Judges

  • CHIN

Court

  • United States Second Circuit

Counsel

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