Wyoming County Bank & Trust Co. v. Kiley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Callahan, J.
In this case of first impression, the issue we are called upon to resolve is whether a person sued in an action to foreclose a nonpurchase-money mortgage on his residence may claim the homestead exemption under CPLR 5206 (subd [a]).
The facts are essentially undisputed. On January 17, 1968 defendants Raymond L. Kiley and Jeannine Kiley acquired real property in the Town of Castile, Wyoming County, New York. On December 14, 1977 they executed a $13,000 collateral-security mortgage on their dwelling which was security for a nonpurchase-money debt as represented by…
2Cases cited9 opinions
- State v. Avco Financial Service of New York Inc.New York Court of Appeals · 1980
- Copp v. Sands Point Marina, Inc.New York Court of Appeals · 1966
- Seamen's Bank for Savings v. SmadbeckNew York Court of Appeals · 1944
- Robinson v. . WileyNew York Court of Appeals · 1857
- Sautter v. FrickAppellate Division of the Supreme Court of the State of New York · 1930
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3Cited by32 opinions
- Barberan v. NationpointDistrict Court, S.D. New York · 2010
- CFCU Community Credit Union v. HaywardCourt of Appeals for the Second Circuit · 2009
- Westnau Land Corp. v. U.S. Small Business Administration, as an Agency of the United States of AmericaCourt of Appeals for the Second Circuit · 1993
- First Federal Savings & Loan Ass'n v. BrownAppellate Division of the Supreme Court of the State of New York · 1980
- In Re MillerUnited States Bankruptcy Court, N.D. New York · 1989
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