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MOORE, INC. v. WHITTAKER

142 Misc.2d 708 (1989)

Robert S. Moore, Inc., et al., Plaintiffs, v. Keith B. Whittaker et al., Defendants.

County Court, Schoharie County.

February 21, 1989

Attorney(s) appearing for the Case

Frank A. Decker for plaintiffs. Edward P. Ryan for Keith B. Whittaker and another, defendants.

DAN LAMONT, J.

In this action to foreclose mechanic's liens, defendants Whittaker claim the homestead exemption under CPLR 5206 (a). In this case of apparent first impression, this court holds and determines that an action to foreclose a mechanic's lien upon real property is not subject to the $10,000 homestead exemption.

Defendant husband and wife own three quarters of an acre of land in the Town of Seward, Schoharie County, upon which...

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