MADDOX v. BANK OF NEW YORK MELLON TRUST CO., N.A.

Docket No. 19-1774 August Term, 2019.

997 F.3d 436 (2021)

Sandra MADDOX, Tometta Maddox Holley, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. The BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 10, 2021.


Attorney(s) appearing for the Case

JONATHAN M. ROBBIN , Blank Rome LLP, New York, NY, for Defendant-Appellant Bank of New York Mellon Trust Company.

SETH R. LESSER , Klafter Olsen & Lesser LLP, Rye Brook, NY, for Plaintiffs-Appellees Maddox et al.

ERIC LECHTZIN , Berger & Montague, P.C., Philadelphia, PA (on the brief), for Plaintiffs-Appellees Maddox et al.

CHARLES MARSHALL DELBAUM , National Consumer Law Center, Boston, MA (on the brief), for Plaintiffs-Appellees Maddox et al.

William Alvarado Rivera , Julie Nepveu , AARP Foundation, Washington, DC, and Brian L. Bromberg , Joshua Tarrant-Windt , Bromberg Law Office, P.C., New York, NY, for AARP, AARP Foundation, and National Association for Consumer Advocates, amici curiae in support of Plaintiffs-Appellees Maddox et al.

Judge Jacobs dissents in a separate opinion.


The Bank of New York Mellon Trust Company ("BNY Mellon" or "the Bank") appeals from an order of the United States District Court for the Western District of New York (Richard Joseph Arcara, J.) denying its motion for judgment on the pleadings. The district court held that plaintiffs Sandra Maddox...

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