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

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 22, 1967

StatusPublished

Cited by2 cases

This text of 54 Misc. 2d 359 (Spatz Furniture Corp. v. Lee Letter Service, Inc.) 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

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

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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