Legal Opinion

First Federal Savings & Loan Ass'n v. Brown

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1980PublishedCited by 28 opinions

1Opinion of the Court

OPINION OF THE COURT

Callahan, J.

We are again called upon to resolve a dispute concerning: the homestead exemption under CPLR 5206 (subd [a] ) Both parties rely upon our pronouncement in Wyoming County Bank & Trust Co. v Kiley (75 AD2d 477) and utilize language therefrom in support of their respective positions. On this appeal, we are confronted with competing claims to surplus moneys from a foreclosure proceeding by the bankrupt owner versus a judgment creditor. The question *120presented for our determination is whether the “homestead exemption” of CPLR 5206 applies to surplus moneys arising out…

2Cases cited10 opinions

  1. Brown v. O'KEEFESupreme Court of the United States · 1937
  2. Dunning v. . Ocean National BankNew York Court of Appeals · 1875
  3. Wyoming County Bank & Trust Co. v. KileyAppellate Division of the Supreme Court of the State of New York · 1980
  4. Hawthorne v. HawthorneNew York Court of Appeals · 1963
  5. Franklin Square National Bank v. SchillerNew York Supreme Court · 1950

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3Cited by28 opinions

  1. In Re Robert N. Brown and Barbara Bex Brown, Debtors. Barbara Bex Brown v. Virginia M. Dellinger, Individually and D/B/A Dellinger Art & AntiquesCourt of Appeals for the Second Circuit · 1984
  2. Desiderio v. Parikh (In re Parikh)United States Bankruptcy Court, E.D. New York · 2014
  3. In Re CarilliUnited States Bankruptcy Court, E.D. New York · 1986
  4. In Re MoulterieUnited States Bankruptcy Court, E.D. New York · 2008
  5. In Re ThomasUnited States Bankruptcy Court, S.D. New York · 1983

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