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CRUZ v. TD BANK, N.A.

No. 10 Civ. 8026(PKC).

855 F.Supp.2d 157 (2012)

Gary CRUZ, and Claude Pain, Individually and on behalf of all others similarly situated, Plaintiffs, v. TD BANK, N.A., Defendant.

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

March 2, 2012.

Attorney(s) appearing for the Case

Gabriel Oliver Koppell , Law Offices Of G. Oliver Koppell & Assoc., Charles Wayne Juntikka , Charles Juntikka & Associates, LLP, Daniel Feist Schreck , New York, NY, for Plaintiffs.

John Dellaportas , Justin Joseph D'Elia , Duane Morris, LLP, New York, NY, Alexander D. Bono , Michael Salvatore Zullo , Duane Morris LLP, Philadelphia, PA, for Defendant.

MEMORANDUM AND ORDER

P. KEVIN CASTEL, District Judge:

Plaintiffs Gary Cruz and Claude Pain bring this putative class action against their bank, TD Bank, N.A. ("TD Bank") under the Exempt Income Protection Act ("EIPA") and New York common law. Plaintiffs allege that TD Bank restrained their bank accounts and charged them fees in violation of Article 52 of the New York Civil Practice Law and Rules, as amended by EIPA. Article 52, New York's statutory...

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