B. I. GREENBERG CO. v. SOTO


77 Misc.2d 74 (1974)

B. I. Greenberg Co., Respondent, v. Gladys Soto, Appellant.

Supreme Court, Appellate Term, First Department.

January 4, 1974


Attorney(s) appearing for the Case

Hansel L. McGee for appellant. Ira. H. Subin for respondent.

QUINN and LUPIANO, JJ., concur in Per Curiam opinion; MARKOWITZ, P. J., dissents in part in memorandum.


Per Curiam.

The bedroom set, now in the Sheriff's custody, is clearly comprised of chattels which, if owned by the defendant, would be exempt from application to the satisfaction of a money judgment (CPLR 5205, subd. [a], par. 5). While CPLR 7103 might not be considered a model of legislative draftsmanship, its fair intendment appears to be the embrace of replevied articles, such as are involved here. The contentions...

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