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DURANTE BROS. v. ST. JOHN'S

33 A.D.3d 5 (2006)

821 N.Y.S.2d 81

In the Matter of DURANTE BROS. CONSTRUCTION CORP., Respondent, v. ST. JOHN'S CEMETERY, Also Known as SAINT JOHN'S CEMETERY, Appellant.

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

July 25, 2006.

Attorney(s) appearing for the Case

Wingate, Kearney & Cullen, Brooklyn (Richard J. Cea and Marc J. Monte of counsel), for appellant.

Vincent A. DeIorio, Purchase (Howard B. Cohen of counsel), for respondent.

FLORIO, J.P., KRAUSMAN and FISHER, JJ., concur.

OPINION OF THE COURT

RIVERA, J.

On this appeal, arising from a proceeding pursuant to CPLR article 52 to enforce a money judgment, the primary issue presented is what portions of the subject cemetery real property and improvements are exempt from execution and sale pursuant to Real Property Law § 450. In this opinion, we define what is encompassed in the category of exempt property and what may properly be executed upon and sold in satisfaction or partial...

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