DEARY v. GUARDIAN LOAN COMPANY, INC.

No. 80 Civ. 1976(MEL).

550 F.Supp. 642 (1982)

Dolores K. DEARY and Harvey London, individually and on behalf of all others similarly situated, Plaintiff, 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.

November 12, 1982.


Attorney(s) appearing for the Case

Toby Golick, Legal Services for the Elderly, New York City, Jane G. Stevens, Brooklyn Legal Services Corp. B., Brooklyn, N.Y., for plaintiffs.

Mullooly, Jeffrey, Rooney & Flynn, Carle Place, N.Y., pro se and for Guardian Loan Co., Inc.

Andrew S. O'Connor, New York City, for Chase Manhattan Bank, N.A.; Richard K. Matanle, II, New York City, of counsel.

Shearman & Sterling, New York City, for Citibank, N.A.

Sahn, Shapiro & Epstein, New York City, for European-American Bank.

John B. Wynne, New York City, for Chemical Bank.

Sennett & Krumholz, New York City, pro se.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City, for Lawrence Cooke, Chief Judge, Herbert B. Evans, Chief Administrative Judge of the United Court System of New York, and Muriel Siebert, Superintendent of Banks; Jeffrey Slonim, Asst. Atty. Gen., New York City, of counsel.


LASKER, District Judge.

On March 2, 1982, a decision was entered certifying a plaintiff class and declaring unconstitutional use of New York's post-judgment restraint, execution and levy procedures. 534 F.Supp. 1178. Entry of judgment was postponed pending the enactment of New York State legislation then under consideration. On September 1, 1982, a new law went into effect, Chapter...

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