Legal Opinion
Cruz v. TD Bank, N.A.
New York Court of Appeals
Decided November 21, 2013PublishedCited by 90 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
Plaintiffs are judgment debtors whose bank accounts were “frozen” by judgment creditors in anticipation of enforcement of a money judgment pursuant to CPLR article 52. Plaintiffs allege that the restraints were invalid because their banks failed to comply with requirements imposed on financial institutions under the Exempt Income Protection Act of 2008 (EIPA). That legislation compels banks served with restraining notices by judgment creditors to forward certain forms to judgment debtors intended to assist them in asserting potential claims that their accounts…
2Cases cited23 opinions
- Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001
- McLean v. City of New YorkNew York Court of Appeals · 2009
- Sheehy v. Big Flats Community Day, Inc.New York Court of Appeals · 1989
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- City of New York v. Smokes-Spirits.Com, Inc.New York Court of Appeals · 2009
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3Cited by90 opinions
- CSX Transportation, Inc. v. Island Rail Terminal, Inc.Court of Appeals for the Second Circuit · 2018
- Cruz v. TD Bank, N.A., Martinez v. Capital One Bank, N.A.Court of Appeals for the Second Circuit · 2013
- National Convention Services, L.L.C. v. Applied Underwriters Captive Risk Assurance Co.District Court, S.D. New York · 2017
- Peterson v. Bank MarkaziCourt of Appeals for the Second Circuit · 2024
- WMC Realty Corp. v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2021
85 more not listed; retrieve them via the Exa API.