Jackson v. Bank of America, N.A.

OPINION OF THE COURT

Richard Velasquez, J.

After oral argument and a review of the submissions herein, the court finds as follows:

Defendant Bank of America moves the court for dismissal of plaintiffs’ complaint pursuant to CPLR 3211 (a) (1) and (7) by virtue of a defense founded upon documentary evidence, and for failure to state a claim upon which relief can be granted. Specifically, defendant alleges that CPLR 5222 of the Exempt Income Protection Act (L 2008, ch 575) does not provide a private cause of action for a plaintiff/debtor.1

Plaintiffs oppose defendant’s motion to dismiss on the…