United States Second Circuit

Judgments dismissing plaintiff-judgment debtors' claims under Article 52 of the New York Civil Practice Law and Rules (CPLR), as amended by the Exempt Income Protection Act (EIPA), are affirmed and remanded to allow plaintiffs to move for leave to amend their complaints, where: 1) plaintiffs' exclusive mechanism for seeking relief for alleged violations of the EIPA's procedural requirements is a special proceeding under Article 52 of the CPLR; and 2) as Article 52 provides plaintiffs' exclusive remedies, they may not seek to circumvent Article 52 by relying on separate common law causes of action.

Appellate Information

• Decided 12/18/2013
• Published 12/18/2013

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel