Appendix C: New York Exemptions

• Author: Gregory Germain
• Pages: 405-409

405

APPENDIX C: New York Exemptions

C.1. CPLR § 5205. Personal property exempt from application to the

satisfaction of money judgments.

(a) Exemption for personal property. The following personal property when owned by any person

is exempt from application to the satisfaction of a mone y judgment except where the judgment is

for the purchase price of the exempt property or was recovered by a domestic, laboring person or

mechanic for work performed by that person in such capacity:

1. all stoves and home heating equipment kept for use in the judgment debtor's dwelling house

and necessary fuel therefor for one hundred twenty days; one sewing machine with its

appurtenances;

2. religious texts, family pictures and portraits, and school books used by the judgment debtor

or in the family; and other books, not exceeding five hundred dollars in value, kept and used

as part of the family or judgment debtor's library;

3. a seat or pew occupied by the judgment debtor or the family in a place of public worship;

4. domestic animals with the necessary food for those animals for one hundred twenty days,

provided that the total value of such animals and food does not exceed one thousand dollars;

all necessary food actually provided for the use of the judgment debtor or his family for one

hundred twenty days;

5. all wearing apparel, household furniture, one mechanical, gas or electric refrigerator, one

radio receiver, one television set, one computer and associated equipment, one cellphone,

crockery, tableware and cooking utensils necessary for the judgment debtor and the family;

all prescribed health aids;

6. a wedding ring; a watch, jewelry and art not exceeding one thousand dollars in value;

7. tools of trade, necessary working tools and implements, including those of a mechanic, farm

machinery, team, professional instruments, furniture and library, not exceeding three thousand

dollars in value, together with the necessary food for the team for one hundred twenty days,

provided, however, that the articles specified in this paragraph are necessary to the carrying

on of the judgment debtor's profession or calling;

8. one motor vehicle not exceeding four thousand dollars in value above liens and

encumbrances of the debtor; if such vehicle has been equipped for use by a disabled debtor,

then ten thousand dollars in value above liens and encumbrances of the debtor; provided,

however, that this exemption for one motor vehicle shall not appl y if the debt enforced is for

child support, spousal support, maintenance, alimony or equitable distribution; and

9. if no homestead exemption is claimed, then one thousand dollars in personal property, bank

account or cash.

* * *

(g) Security deposit exemption. Money deposited as security for the rental of real property to be

used as the residence of the judgment debtor or the judgment debtor's family; and money deposited

as security with a gas, electric, water, steam, telegraph or telephone corporation, or a municipality