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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: October 9, 2013

Court of Appeals Arguments of Interest for the Week of October 14, 2013

Upcoming arguments in the Court of Appeals that may be of interest to Commercial Division practitioners include:

Docket No. 191: Cruz v. TD Bank NA. (to be argued Tuesday, October 15, 2013)
Addresses two questions certified from the US Court of Appeals for the Second Circuit (see 2d Cir. order here:

first, whether judgment debtors have a private right of action for money damages and injunctive relief against banks that violate the Exempt Income Protection Act (EIPA)’s procedural requirements;
and second, whether judgment debtors can seek money damages and injunctive relief against banks that violate the EIPA in special proceedings prescribed by CPLR Article 52 and, if so, whether those special proceedings are the exclusive mechanism for such relief or whether judgment debtors may also seek relief in a plenary action.

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