Legal Opinion

Hammond v. Econo-Car of North Shore, Inc.

New York Supreme Court

Decided October 16, 1972PublishedCited by 10 opinions

1Opinion of the CourtBertram Harnett, J.

Judicial enforcement procedures are not automatic dispensations. Like other aspects of the legal process, they root in justice and fairness. This case focuses on the realistic implications of a judgment creditor’s execution by Sheriff’s sale upon a husband’s tenancy by the entirety interest in the family home.

Here, it is Vera Hammond who seeks to vacate an execution and Sheriff’s sale of her husband’s interest in their one-family *547home in Locust Valley, New York, in which she, her 13-year-old son, and three foster children live. Husband and wife hold as tenants by the entirety.

The threatened…

2Cases cited3 opinions

  1. Finnegan v. HumesAppellate Division of the Supreme Court of the State of New York · 1937
  2. Finnegan v. HumesNew York Court of Appeals · 1938
  3. Gilchrist v. Commercial Credit Corp.New York Supreme Court · 1971

3Cited by10 opinions

  1. Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
  2. Wandschneider v. BekenyNew York Supreme Court · 1973
  3. Community National Bank & Trust Co. of New York v. Persky (In Re Persky)United States Bankruptcy Court, E.D. New York · 1987
  4. Seyfarth v. Bi-County Electric Corp.New York Supreme Court · 1973
  5. In Re OdegaardUnited States Bankruptcy Court, D. Oregon · 1983

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