Manufacturers & Traders Trust Co. v. Pope

OPINION OF THE COURT

Thomas F. McGowan, J.

Defendant moves by order to show cause for an order exempting his automobile from execution to satisfy plaintiff’s judgment entered April 30, 1984. His claim is that under the circumstances of this case, the family automobile qualifies for an exemption pursuant to CPLR 5205 (subd [h], par 1).

Defendant and his wife live on various Social Security and disability benefits totaling approximately $7,000 per year. He is under intensive ulcer medication and has a history of emotional instability. His wife has various disabilities, including arthritis, which,…