Joseph v. Giacalone

Appellate Division of the Supreme Court of New York

Joseph v. Giacalone

224 A.D.2d 391, 637 N.Y.S.2d 771, 1996 N.Y. App. Div. LEXIS 855

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

DecidedFebruary 5, 1996

StatusPublished

Cited by4 cases

This text of 224 A.D.2d 391 (Joseph v. Giacalone) 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

Joseph v. Giacalone, 224 A.D.2d 391, 637 N.Y.S.2d 771, 1996 N.Y. App. Div. LEXIS 855 (N.Y. Ct. App. 1996).

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Opinion

—In an action to recover attorney’s fees, in which a judgment was entered September 23, 1992, in favor of the plaintiff in the principal sum of $20,000, the defendant judgment debtor appeals from an order of the Supreme Court, Queens County (Dunkin, J.), dated December 7, 1993, which granted the plaintiff’s motion to "turn over to [the] plaintiff the check from the U.S. Postal Service in the approximate sum of $9,000”.

Ordered that the order is reversed, on the law, with costs, and the plaintiff’s motion is denied.

We agree with the defendant judgment debtor that the proceeds of the check in dispute are exempt from garnishment or levy pursuant to Federal law (see, 5 USC § 8346 [a]; Matter [392]*392of Dickerson, 168 Misc 54; Waggoner v Game Sales Co., 702 SW2d 808 [Ark]; see also, Surace v Danna, 248 NY 18; Sears, Roebuck & Co. v Harris, 854 P2d 921 [Okla]). Mangano, P. J., Copertino, Joy and Altman, JJ., concur.

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—In an action to recover attorney’s fees, in which a judgment was entered September 23, 1992, in favor of the plaintiff in the principal sum of $20,000, the defendant judgment debtor appeals from an order of the Supreme Court, Queens County (Dunkin, J.), dated December 7, 1993, which granted the plaintiff’s motion to "turn over to [the] plaintiff the check from the U.S. Postal Service in the approximate sum of $9,000”.

Ordered that the order is reversed, on the law, with costs, and the plaintiff’s motion is denied.

We agree with the defendant judgment debtor that the proceeds of the check in dispute are exempt from garnishment or levy pursuant to Federal law (see, 5 USC § 8346 [a]; Matter [392]*392of Dickerson, 168 Misc 54; Waggoner v Game Sales Co., 702 SW2d 808 [Ark]; see also, Surace v Danna, 248 NY 18; Sears, Roebuck & Co. v Harris, 854 P2d 921 [Okla]). Mangano, P. J., Copertino, Joy and Altman, JJ., concur.

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Bluebook (online)

224 A.D.2d 391, 637 N.Y.S.2d 771, 1996 N.Y. App. Div. LEXIS 855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-v-giacalone-nyappdiv-1996.

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