COLTON v. MARTELL


79 Misc.2d 190 (1974)

Kenneth Colton et al., Plaintiffs, v. Dorothy M. Martell, Defendant.

County Court, Dutchess County.

September 6, 1974


Attorney(s) appearing for the Case

Grandeau & Dahowski for defendant. Jeffrey S. Graham for plaintiffs.


RAYMOND E. ALDRICH, JR., J.

Defendant moves to vacate a property execution levied against her bank account on the grounds that all the funds deposited in said account are exempt from execution under section 407 of title 42 of the United States Code and rule 64 of the Federal Rules of Civil Procedure. In support of her motion, defendant submits an affidavit wherein she alleges that she is unemployed, and that her sole source of income is survivor's benefits...

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