New York Court of Appeals
Gary Cruz v. TD Bank, N.A., Respondent Geraldo F. Martinez v. Capital One Bank, N.A.
November 21, 201322 N.Y.3d 61
Summary
The New York Court of Appeals answered two certified questions, holding that judgment debtors do not have a private right of action for money damages or injunctive relief against banks for violations of the Exempt Income Protection Act, and that any relief must be sought in the special proceedings provided by CPLR article 52, which are exclusive. The court relied on the Sheehy three‑factor test and rejected plaintiffs' reliance on expressio unius and on Aspen Industries.