Cramer v. Cramer

Appellate Division of the Supreme Court of New York

Cramer v. Cramer

140 A.D.2d 990, 529 N.Y.S.2d 660, 1988 N.Y. App. Div. LEXIS 5836

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 27, 1988

StatusPublished

Cited by6 cases

This text of 140 A.D.2d 990 (Cramer v. Cramer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cramer v. Cramer, 140 A.D.2d 990, 529 N.Y.S.2d 660, 1988 N.Y. App. Div. LEXIS 5836 (N.Y. Ct. App. 1988).

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Opinion

CPLR 5241 was enacted to provide an expeditious method of enforcing support orders but it did not intend to "eliminate the due process rights of a judgment debtor (see, Shutt v Shutt, 133 Misc 2d 81, 82-83). Thus, while defendant’s asserted "mistake of fact” is not specifically within that statutory definition (CPLR 5241 [a] [8]), an income execution is not justified in this case because plaintiff’s attorneys failed to comply with the notice and levy requirements of the statute (see, Shutt v Shutt, supra, at 84). (Appeal from order of Supreme Court, Erie County, Francis, J. — income execution.) Present — Dillon, P. J., Green, Pine, Balio and Davis, JJ.

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CPLR 5241 was enacted to provide an expeditious method of enforcing support orders but it did not intend to "eliminate the due process rights of a judgment debtor (see, Shutt v Shutt, 133 Misc 2d 81, 82-83). Thus, while defendant’s asserted "mistake of fact” is not specifically within that statutory definition (CPLR 5241 [a] [8]), an income execution is not justified in this case because plaintiff’s attorneys failed to comply with the notice and levy requirements of the statute (see, Shutt v Shutt, supra, at 84). (Appeal from order of Supreme Court, Erie County, Francis, J. — income execution.) Present — Dillon, P. J., Green, Pine, Balio and Davis, JJ.

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Bluebook (online)

140 A.D.2d 990, 529 N.Y.S.2d 660, 1988 N.Y. App. Div. LEXIS 5836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cramer-v-cramer-nyappdiv-1988.

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