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MATTER OF GENERAL ELECTRIC CAPITAL BUSINESS ASSET FUNDING CORPORATION v. HAKAKIAN

300 A.D.2d 486 (2002)

751 N.Y.S.2d 570

In the Matter of GENERAL ELECTRIC CAPITAL BUSINESS ASSET FUNDING CORPORATION, Respondent, v. BAHRAM HAKAKIAN, Respondent, and ESCANDAR HAKAKIAN, Appellant.

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

Decided December 16, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

Since the "homestead exemption" (CPLR 5206 [b]) was created to protect a homeowner against seizure of his or her dwelling to satisfy a money judgment (see Wyoming County Bank & Trust Co. v Kiley, 75 A.D.2d 477; In re Flatt, 160 B.R. 497), the appellant, as a judgment creditor, was not entitled to assert the...

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