Opinion
October 4, 1943.
Order denying the appellant's motion to direct the Peoples National Bank and Trust Company of White Plains to pay over to it the sum of forty-six dollars and twenty-six cents, on deposit with it to the credit of the respondent, and granting the motion of the respondent to vacate and set aside the third-party subpoena served upon the said bank, reversed on the law, with ten dollars costs and disbursements, the appellant's motion granted and the respondent's cross motion denied, with ten dollars costs. In our opinion the proof here falls short of the conditions contained in section 792 of the Civil Practice Act exempting current earnings of a judgment debtor representing compensation for his personal services, provided such services were rendered within sixty days before the institution of the special proceeding, or rendered thereafter, to the extent that such earnings be necessary for the reasonable requirements of the judgment debtor and his family, if dependent upon him. Close, P.J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.