Seyfarth v. Bi-County Electric Corp

In Seyfarth v. Bi-County Electric Corp., 73 Misc. 2d 363 (Sup. Ct. Nassau Co., 1973) the Court stated: "The fundamental point is that the judgment creditor is not harmed, but, in fact, is fully protected by relying on its lien, and deferring the execution on the real property which serves it no legitimate practical purpose. There is no practical possibility of a commercial creditor, or sheriff sale speculator, getting immediate co-possession of a home with a woman and her child. And, in the long run, if the husband should outlive the wife and his survivorship interest comes into fruition by the operation of law, the creditor may then enforce its lien against the entire property." "While the 5240 remedy must be used sparingly, its purpose is to protect persons from unnecessarily harsh use of legal procedures. Perhaps nowhere is this more pertinent than in the area of unredeemable Sheriff's sales of residential property." (73 Misc.2d at 365-366.)