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CRUZ v. TD BANK, N.A.

Docket Nos. 12-1200-cv, 12-1342-cv.

711 F.3d 261 (2013)

Gary CRUZ and Claude Pain, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. TD BANK, N.A., Defendant-Appellee. Geraldo F. Martinez and Joseph Cummings, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Capital One Bank, N.A., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 27, 2013.

Attorney(s) appearing for the Case

G. Oliver Koppel (Daniel F. Schreck, on the brief), Law Offices of G. Oliver Koppell & Associates, New York, NY, for Gary Cruz, Claude Pain, Geraldo F. Martinez, Joseph Cummings.

Alexander D. Bono, Ryan E. Borneman, Duane Morris, LLP, Philadelphia, PA, for TD Bank, N.A.

Robert Plotkin, Kurt E. Wolfe, Matthew A. Fitzgerald, McGuire Woods LLP, New York, NY, Washington, D.C., and Richmond, VA, for Capital One Bank, N.A.

Gina M. Calabrese, St. Vincent de Paul Legal Program, Inc., Elder Law Clinic, St. John's University School of Law, Jamaica, NY, and Claudia E. Wilner, Neighborhood Economic Development Advocacy Project Inc., New York, NY, for Amici Curiae AARP, District Council 37 Municipal Employees Legal Services, The Legal Aid Society, Lincoln Square Legal Services, Inc., MFY Legal Services, Neighborhood Economic Development Advocacy Project, Inc., St. Vincent de Paul Legal Program, Inc., The Urban Justice Center.

CHIN, Circuit Judge:

These appeals, heard in tandem, challenge two separate judgments entered in the United States District Court for the Southern District of New York (Castel, J., and Sullivan, J.), in favor of defendants-appellees TD Bank, N.A. ("TD Bank") and Capital One Bank, N.A. ("Capital One"), respectively, dismissing plaintiffs' claims that the banks violated (1) Article 52 of the New York Civil Practice Law and Rules ("CPLR"), as amended by...

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