Gutterson v. Gutterson

263 A.D. 923, 32 N.Y.S.2d 483, 1942 N.Y. App. Div. LEXIS 7381

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 21, 1942
• Status: Published

Opinion

Appeal from an order denying plaintiff’s motion for an order directing the General Electric Company, as a third party, to pay over to plaintiff profit sharing payments or bonuses in the total sum of $129.11, on account of an unsatisfied judgment. Defendant is an employee of the General Electric Company and a judgment debtor of the plaintiff. The latter has a garnishee execution against defendant’s wages or earnings. The court at Special Term held that defendant’s bonuses, so-called, were earnings and that plaintiff was only entitled to a garnishee execution against them. Order unanimously affirmed, with ten dollars costs and disbursements. Present — Hill, P. J., Crapser, Heffernan, Schenek and Foster, JJ.