Legal Opinion
Cruz v. TD Bank, N.A.
District Court, S.D. New York
Decided March 2, 2012No. 10 Civ. 8026(PKC)PublishedCited by 28 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
P. KEVIN CASTEL, District Judge:
Plaintiffs Gary Cruz and Claude Pain bring this putative class action against their bank, TD Bank, N.A. (“TD Bank”) under the Exempt Income Protection Act (“EIPA”) and New York common law. Plaintiffs allege that TD Bank restrained their bank accounts and charged them fees in violation of Article 52 of the New York Civil Practice Law and Rules, as amended by EIPA. Article 52, New York’s statutory scheme governing the collection and enforcement of money judgments, was amended by EIPA in 2008 to expand procedural protections to judgment debtors…
2Cases cited67 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Conley v. GibsonSupreme Court of the United States · 1957
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
62 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Cruz v. TD Bank, N.A.New York Court of Appeals · 2013
- Cruz v. TD Bank, N.A., Martinez v. Capital One Bank, N.A.Court of Appeals for the Second Circuit · 2013
- Pacific M. International Corp. v. Raman International Gems, Ltd.District Court, S.D. New York · 2012
- King County v. IKB Deutsche Industriebank AGDistrict Court, S.D. New York · 2012
- Cruz v. TD Bank, N.A., Martinez v. Capital One Bank, N.A.Court of Appeals for the Second Circuit · 2013
23 more not listed; retrieve them via the Exa API.