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LR CREDIT 22 v. EGGLESTON

CV-000141-11/JA.

37 Misc.3d 653 (2012)

951 N.Y.S.2d 658

2012 NY Slip Op 22234

LR CREDIT 22, LLC, Plaintiff, v. THOMAS A. EGGLESTON, Defendant.

City Court of Jamestown.

August 29, 2012.

Attorney(s) appearing for the Case

Mel S. Harris & Associates, LLC, New York City, for plaintiff. Fessenden, Laumer & DeAngelo, Jamestown ( Richard H. Fessenden of counsel), for defendant.

OPINION OF THE COURT

GEORGE PANEBIANCO, J.

The primary issues in this apparent case of first impression are whether the judgment creditor failed to act in accordance with CPLR 5222-a (c) (4) by not honoring an exemption claim form it received on the 22nd day after it allegedly served the banking institution with the restraining notice, exemption notice and claim forms; and, if so, whether such failure entitles the judgment debtor to an award of costs, reasonable...

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