MFRS. v. POPE


124 Misc.2d 681 (1984)

Manufacturers and Traders Trust Company, Plaintiff, v. Franklin A. Pope, Defendant.

Supreme Court, Erie County.

June 25, 1984


Attorney(s) appearing for the Case

Rose H. Sconiers and Peter J. Martinelli for defendant. Hodgson, Russ, Andrews, Woods & Goodyear (David R. Fantera of counsel), for plaintiff.


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...

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