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DEARY v. GUARDIAN LOAN CO., INC.

No. 80 Civ. 1976.

496 F.Supp. 970 (1980)

Dolores K. DEARY and Harvey London, individually and on behalf of all other similarly situated, Plaintiffs, v. GUARDIAN LOAN COMPANY, INC., Chase Manhattan Bank, N. A., Mullooly, Jeffrey, Rooney & Flynn, Citibank N. A., European-American Bank, Chemical Bank, Sennet & Krumoltz, Lawrence H. Cooke, Chief Judge and the New York Court of Appeals, the Administrative Board of the New York Courts and Herbert B. Evans, Chief Administrative Judge of the United Court System of New York, Muriel Siebert, Superintendent of Banks, Defendants.

United States District Court, S. D. New York.

September 29, 1980.

Attorney(s) appearing for the Case

Toby Golick, Legal Services for the Elderly, New York City, John C. Gray, Jr., Brooklyn Legal Services, Brooklyn, N. Y., for plaintiffs; Jane G. Stevens, Samuel Lieberman, Brooklyn, N. Y., of counsel.

John B. Wynne, New York City, for defendant Chemical Bank; Harold Weisblatt, New York City, of counsel.

LASKER, District Judge.

Chemical Bank moves to dismiss the complaint against it on the grounds that there is no "case or controversy" between any plaintiff and Chemical Bank and that consequently the plaintiffs have not stated a claim upon which relief can be granted.

Plaintiffs are judgment debtors who have deposited property with the defendant banks which they claim is exempt from execution and restraint by virtue of various state and federal laws. Plaintiffs...

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