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DEARY v. GUARDIAN LOAN CO., INC.

No. 80 Civ. 1976 (MEL).

534 F.Supp. 1178 (1982)

Dolores K. DEARY and Harvey London, individually and on behalf of all others similarly situated, Plaintiff, v. GUARDIAN LOAN COMPANY, INC., Chase Manhattan Bank, N.A., Mullooly Jeffrey, Rooney & Flynn, Citibank N.A., European-American Bank, Chemical Bank, Sennet & Krumoltz, Lawrence H. Cooke, Chief Judge and the New York Court of Appeals, the Administrative Board of the New York Courts and Herbert B. Evans, Chief Administrative Judge of the United Court System of New York, Muriel Siebert, Superintendent of Banks, Defendants.

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

March 2, 1982.

Attorney(s) appearing for the Case

Toby B. Golick, Legal Services For The Elderly, New York City, Jane G. Stevens, Brooklyn Legal Services Corp. B., Brooklyn, N. Y., for plaintiff.

Mullooly, Jeffrey, Rooney & Flynn, Carle Place, N. Y., attys. pro se and for Guardian Loan Co., Inc.

Andrew S. O'Connor, New York City, for Chase Manhattan Bank, N.A.; Richard K. Matanle, II, New York City, of counsel.

Shearman & Sterling, New York City, for Citibank, N.A.

Sahn, Shapiro & Epstein, New York City, for European-American Bank.

John B. Wynne, New York City, for Chemical Bank.

Sennett & Krumholz, attys. pro se.

Robert Abrams, Atty. Gen. of the State of N. Y., New York City, for Lawrence Cooke, Chief Judge, Herbert B. Evans, Chief Administrative Judge of the United Court System of N. Y., and Muriel Siebert, Superintendent of Banks; Jeffrey Slonim, Asst. Atty. Gen., New York City, of counsel.

LASKER, District Judge.

Dolores K. Deary and Harvey London sue for declaratory, injunctive and compensatory relief on behalf of themselves and all other judgment debtors in the State of New York who have property exempt from restraint and execution under various state and federal laws. They contend that New York procedures for restraint and execution on judgments, N.Y.C.P.L.R. §§ 5222, 5230 and 5232, violate the due process and supremacy clauses of the United...

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