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WYOMING CO. BANK v. KILEY

75 A.D.2d 477 (1980)

Wyoming County Bank & Trust Company, Also Known as Wyoming County Bank, Appellant, v. Raymond L. Kiley et al., Defendants, and Jeannine Kiley, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 10, 1980

Attorney(s) appearing for the Case

McBride & Foote (Theron Foote of counsel), for appellant.

Dennis R. Dawson (J. Michael Jones of counsel), for respondent.

SIMONS, J. P., HANCOCK, JR., SCHNEPP and MOULE, JJ., concur.

CALLAHAN, J.

In this case of first impression, the issue we are called upon to resolve is whether a person sued in an action to foreclose a nonpurchase-money mortgage on his residence may claim the homestead exemption under CPLR 5206 (subd [a]).

The facts are essentially undisputed. On January 17, 1968 defendants Raymond L. Kiley and Jeannine Kiley acquired real property in the Town of Castile, Wyoming...

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