CONTACT SERVS. v. GREGORY


10 Misc.3d 968 (2005)

806 N.Y.S.2d 407

CONTACT RESOURCE SERVICES, LLC, Plaintiff, v. SAMUEL GREGORY, SR., et al., Defendants.

City Court of Rochester.

December 19, 2005.


Attorney(s) appearing for the Case

Empire Justice Center1 (Peter Dellinger of counsel), for Elizabeth Gregory, defendant.

Francesco Fabiano for plaintiff.


OPINION OF THE COURT

ELLEN M. YACKNIN, J.

Introduction

This action calls upon the court to balance the competing rights of a judgment creditor, who is legally entitled to use authorized procedures to collect a debt, and a judgment debtor, whose sole financial resources are legally exempt from seizure by the creditor. The circumstances in this action are not uncommon. Nevertheless, New York courts are rarely asked to reconcile the conflict...

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