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

Docket No. 19-1774 August Term, 2019.

19 F.4th 58 (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: November 17, 2021.


Attorney(s) appearing for the Case

JONATHAN M. ROBBIN ( Deborah A. Skakel , on the letter brief), 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.

Before: JACOBS, POOLER, and CARNEY, Circuit Judges.


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 (Arcara, J.) denying its motion for judgment on the pleadings. The district court held that plaintiffs Sandra Maddox and Tometta...

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