Spatz Furniture v. Lee Letter Serv

Full title: SPATZ FURNITURE CORP., Respondent, v. LEE LETTER SERVICE, INC., Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: Jun 22, 1967

54 Misc. 2d 359 (N.Y. App. Term 1967)

282 N.Y.S.2d 624

Opinion

June 22, 1967

Appeal from the Civil Court of the City of New York, County of New York, PATRICK J. PICARIELLO, J.

Edward Perlstein and Paul Klein for appellant.

Max Glassman for respondent.

Per Curiam.

The withholding of 10% of an employee's income by an employer for the benefit of a judgment creditor is mandated by CPLR 5231 (subd. [e]). 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 (CPLR 5231, subd. [g]) or the employer may protect itself by moving for an order of modification (CPLR 5240).

The judgment should be affirmed, with $25 costs.

Concur — HOFSTADTER, J.P., GOLD and MARKOWITZ, JJ.

Judgment affirmed, etc.