Gutterson v. Gutterson

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

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.