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MARTINEZ v. CAPITAL ONE, N.A.

No. 10 Civ. 8028(RJS).

863 F.Supp.2d 256 (2012)

Geraldo F. MARTINEZ and Joseph Cummings, Plaintiffs, v. CAPITAL ONE, N.A., Defendant.

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

March 27, 2012.

Attorney(s) appearing for the Case

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

Robert Stuart Plotkin of McGuire Woods LLP, New York, NY, for Defendant.

OPINION AND ORDER

RICHARD J. SULLIVAN, District Judge.

Plaintiffs Geraldo F. Martinez and Joseph Cummings bring this putative class action lawsuit against Defendant Capital One, N.A., asserting claims under New York's Exempt Income Protection Act ("EIPA") and New York common law. Presently before the Court is Defendant's motion to dismiss the Amended Complaint on the grounds that there is no private right of action under EIPA. For the reasons that follow...

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