Professor Gina Calabrese recently co-authored an amicus brief for the New York Court of Appeals, on behalf of the Consumer Justice for the Elderly: Litigation Clinic and ten other advocacy groups. The brief addressed questions certified by the Second Circuit Court of Appeals in two related appeals, Cruz v. TD Bank, and Martinez v. Capital One Bank. The cases center on the banks’ implementation of New York’s Exempt Income Protection Act (“EIPA”). EIPA prevents garnishment of bank accounts that contain income exempt from judgment enforcement, particularly when directly deposited from identifiable sources such as Social Security. The amicus brief argues that an accountholder has a private right of action against a bank for violating EIPA and can obtain damages and injunctive relief. The Clinic and many of the advocacy groups that appeared as amici, were involved in the effort to win passage of EIP. As amicus counsel, Professor Calabrese was joined by lawyers from AARP’s national office and New York City’s New Economy Project.
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