Hyperlawhypertext legal database Credit Department, Inc. v. Ramp Maintenance Corp. 44 Misc. 2d 1094

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Credit Department, Inc. v. Ramp Maintenance Corp.

44 Misc. 2d 1094 Court Supreme Court, Appellate Term, Second Department, Decision date 1964-12-16 English

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p. 1094
Credit Department, Inc., Respondent, v. Ramp Maintenance Corp., Appellant.
Supreme Court, Appellate Term, Second Department,
December 16, 1964.
Friedlander & Gaines (Norhert Ruttenberg of counsel), for appellant. Milton Kostroff and Joseph Untermeyer for respondent.

The purpose of subdivision 7 of section 684 of the Civil Practice Act was to reach all variable commission earnings, whatever method of settlement with its employee the employer might elect to adopt. (Davidow v. John Hancock Mut. Life Ins. Co., 231 App. Div. 300 .)

Furthermore, under present business practice an employer can by his own system, voluntarily adopted, no more excuse a failure to make a garnishee deduction than he can. a social security or withholding tax deduction.

The judgment should be affirmed, without costs.

Concur — Gtjlotta, Pette and Croat, JJ.

Judgment affirmed, etc.