Legal Opinion
Cynthia McCahey v. L.P. Investors, Allen M. Rosenthal, Affiliated Credit Adjusters, Sheriff of Suffolk County, Suffolk County Clerk
Court of Appeals for the Second Circuit
Decided September 30, 1985No. 1126, Docket 85-7111PublishedCited by 41 opinions
1Opinion of the Court
WINTER, Circuit Judge:
The plaintiff, Cynthia McCahey, appeals from Judge Platt’s dismissal of her complaint for failure to state a claim, Fed.R.Civ.P. 12(b)(6). McCahey seeks injunctive, declaratory, and monetary relief on the grounds that New York’s post-judgment remedies deprived her of property without due process. We affirm.
Background
1. The Underlying Dispute
Because the complaint was dismissed for failure to state a claim, we accept its allegations as true. Gardener v. Toilet Goods Association, 387 U.S. 167, 172, 87 S.Ct. 1526, 1529, 18 L.Ed.2d 704 (1967).
*545According to the complaint,…
2Cases cited42 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Memphis Light, Gas & Water Division v. CraftSupreme Court of the United States · 1978
37 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Sykes v. Bank of AmericaCourt of Appeals for the Second Circuit · 2013
- Cassim v. BowenCourt of Appeals for the Ninth Circuit · 1987
- Elena Herrada v. City of DetroitCourt of Appeals for the Sixth Circuit · 2001
- Cassim v. BowenCourt of Appeals for the Ninth Circuit · 1987
- Dorwart v. CarawayMontana Supreme Court · 1998
36 more not listed; retrieve them via the Exa API.