First & Merchants National Bank v. Wade

Appellate Terms of the Supreme Court of New York

First & Merchants National Bank v. Wade

35 Misc. 2d 398, 232 N.Y.S.2d 636, 1962 N.Y. Misc. LEXIS 3569

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 5, 1962

StatusPublished

This text of 35 Misc. 2d 398 (First & Merchants National Bank v. Wade) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

First & Merchants National Bank v. Wade, 35 Misc. 2d 398, 232 N.Y.S.2d 636, 1962 N.Y. Misc. LEXIS 3569 (N.Y. Ct. App. 1962).

Pincite

Opinion

Per Curiam.

The sole source of the judgment debtor’s income was the disability pension received by him from the United States Government as a retired air force officer. By the express language of section 667 of the Civil Practice Act a pension is exempt from seizure in any legal proceeding. It has been authoritatively determined that section 793 of the Civil Practice Act has not abolished or curtailed this exemption (Ley Realty Corp. v. Foley, 161 Misc. 666; Ford v. Bailey, 259 App. Div. 505).

It was error to grant the application for the payment of installments from the pension of the judgment debtor.

The order should be reversed, with $10 costs and disbursements, and motion denied.

Concur — Hofstadter, J. P., Gold and Capozzoli, JJ.

Order reversed, etc.

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