Credit Department, Inc. v. Ramp Maintenance Corp.

Appellate Terms of the Supreme Court of New York

Credit Department, Inc. v. Ramp Maintenance Corp.

44 Misc. 2d 1094, 256 N.Y.S.2d 148, 1964 N.Y. Misc. LEXIS 1191

Appellate Terms of the Supreme Court of New York·Decided December 16, 1964·Published

Opinion

Per Curiam.

The purpose of subdivision 7 of section 684 of the Civil Practice Act was to reach all variable commission earnings, whatever method of settlement with its employee the employer might elect to adopt. (Davidow v. John Hancock Mut. Life Ins. Co., 231 App. Div. 300.)

Furthermore, under present business practice an employer can by his own system, voluntarily adopted, no more excuse a failure to make a garnishee deduction than he can. a social security or withholding tax deduction.

The judgment should be affirmed, without costs.

Concur — Gtjlotta, Pette and Croat, JJ.

Judgment affirmed, etc.

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Per Curiam.

The purpose of subdivision 7 of section 684 of the Civil Practice Act was to reach all variable commission earnings, whatever method of settlement with its employee the employer might elect to adopt. (Davidow v. John Hancock Mut. Life Ins. Co., 231 App. Div. 300.)

Furthermore, under present business practice an employer can by his own system, voluntarily adopted, no more excuse a failure to make a garnishee deduction than he can. a social security or withholding tax deduction.

The judgment should be affirmed, without costs.

Concur — Gtjlotta, Pette and Croat, JJ.

Judgment affirmed, etc.

Credit Department, Inc. v. Ramp Maintenance Corp., 44 Misc. 2d 1094, 256 N.Y.S.2d 148, 1964 N.Y. Misc. LEXIS 1191 (N.Y. Ct. App. 1964).

Pincite

44 Misc. 2d 1094 (Credit Department, Inc. v. Ramp Maintenance Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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