Spatz Furniture Corp. v. Lee Letter Service, Inc.

Appellate Terms of the Supreme Court of New York

Spatz Furniture Corp. v. Lee Letter Service, Inc.

54 Misc. 2d 359, 282 N.Y.S.2d 624, 1967 N.Y. Misc. LEXIS 1443

Appellate Terms of the Supreme Court of New York·Decided June 22, 1967·Published·Cited by 2 cases

Opinion

Per Curiam.

The withholding of 10% of an employee’s income by an employer for the benefit of a judgment creditor is mandated by CPLB 5231 (.subd. [e1]). An employer may not turn over to the Marshal less than 10% of the income due to the judgment debtor, to the detriment of a second income execution, which was duly served and filed with him.

However, a judgment debtor may move to reduce the percentage (CPLB 5231, subd. [g]) o.r the employer may protect itself by moving for an order of modification (CPLB 5240).

The judgment should be affirmed, with $25 costs.

Concur — Hofstadtbr, J. P., Gold and Markowitz, JJ.

Judgment affirmed, etc.

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Per Curiam.

The withholding of 10% of an employee’s income by an employer for the benefit of a judgment creditor is mandated by CPLB 5231 (.subd. [e1]). An employer may not turn over to the Marshal less than 10% of the income due to the judgment debtor, to the detriment of a second income execution, which was duly served and filed with him.

However, a judgment debtor may move to reduce the percentage (CPLB 5231, subd. [g]) o.r the employer may protect itself by moving for an order of modification (CPLB 5240).

The judgment should be affirmed, with $25 costs.

Concur — Hofstadtbr, J. P., Gold and Markowitz, JJ.

Judgment affirmed, etc.

Spatz Furniture Corp. v. Lee Letter Service, Inc., 54 Misc. 2d 359, 282 N.Y.S.2d 624, 1967 N.Y. Misc. LEXIS 1443 (N.Y. Ct. App. 1967).

Pincite

54 Misc. 2d 359 (Spatz Furniture Corp. v. Lee Letter Service, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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